NAGORAO PUNJAB KAUMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Nagorao Punjab Kumare, who shall be hereinafter referred to as accused, is assailing the judgment dtd. 21/4/2009 rendered by the Additional Sessions Judge, Yavatmal in Sessions Trial 60/2007 whereby the accused is convicted for offence punishable under Sec. 376 of the Indian Penal Code (IPC) and is sentenced to suffer rigorous imprisonment for five years and to payment of fine of Rs.3,000.00, and in default to suffer further rigorous imprisonment for six months, and is further convicted for the offence punishable under Sec. 417 of the IPC and is sentenced to suffer rigorous imprisonment for six months and to payment of fine of Rs.1,000.00 and in default to suffer further rigorous imprisonment for one month, and is further convicted for the offence punishable under Sec. 506 II of the IPC and is sentenced to suffer rigorous imprisonment for two years and to payment of fine of Rs.2,000.00 and in default to suffer further rigorous imprisonment for three months.

(2.) The genesis of the prosecution is the report lodged by P.W. 1 Ms. "R" on 6/10/2006 at Police Station, Ghatanji (Exhibit 20) alleging that the accused induced her to have sexual relationship by promising marriage, that she conceived and the accused refused to marry her.

(3.) On the basis of report dtd. 6/10/2006 lodged by Ms. "R", offences punishable under 376, 417 and 506 II of the Indian Penal Code were registered vide Crime 151/2006. Investigation proceeded on the usual lines and upon completion thereof, final report under Sec. 173 of the Code of Criminal Procedure, 1973 (Code) was submitted in the jurisdictional Court.