SAMBHAJI ABA MANDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the appellant and the learned APP appearing on behalf of the State.

(2.) The appellant is challenging the judgment and order passed by the Sessions Court whereby the Sessions Court was pleased to convict the appellant for the offence punishable under section 376(2)(f) of the Indian Penal Code and he was sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 3000/- and in default to undergo further rigorous imprisonment for six months. He was also convicted for the offence punishable under section 506 of the Indian Penal Code and sentenced to suffer simple imprisonment for six months and to pay fine of Rs. 200/- and in default to suffer further simple imprisonment for 15 days.

(3.) Prosecution case is that on 24-12-2004, the appellant induced the prosecutrix who was a young girl of 9 years of age to accompany him telling her that he would be giving her some sweets and, thereafter, took her to his land and there he committed rape on her. Prosecution case is that the prosecutrix, thereafter, immediately went and met her mother and narrated what had happened. Her mother examined her private part and then informed this fact to her mother-in-law and also her brother and brother-in-law and, thereafter, a complaint was lodged at night. The accused was arrested on the same day and he is in custody since then.