BAPU DASU UJGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the Judgment and order dated 4.12.2009 rendered by Additional Sessions Judge2, Ambejogai in Sessions Case No.21/2008, convicting the appellant under Section 376(2)(f) of Indian Penal Code and directing him to suffer R.I. for ten years and to pay fine of Rs.3,000/, with default condition of nonpayment of fine, to suffer R.I. for three months and also directing the appellant to pay compensation to the complainant, i.e. mother of the prosecutrix to the tune of Rs. 7,000/under Section 357 (2) of Code of Criminal Procedure and the appellant has challenged the correctness and legality of the said conviction and sentence in the present appeal.

(2.) The factual matrix of the prosecution case, which can be summarized as under :

(3.) Since the offence was exclusively triable by the Court of Sessions, the learned JMFC, committed the case to the Court of Additional Sessions Judge at Ambejogai, District Beed. Accordingly, the learned Additional Sessions Judge2 at Ambejogai district Beed framed the charge against the accused at Exhibit10 on 2.9.2009 under Sections 376 and 323 of IPC.