MORESHWAR ATMARAM GONDANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for committing rape on the prosecutrix who was stated to be less than 16 years under section 376 of the Indian Penal Code. The prosecution had examined in all six witnesses in support of the charge. The learned Additional Sessions Judge, Nagpur, vide judgment dated 7th April, 1999 has held the appellant guilty for the offence under section 376 of the Indian Penal Code and has sentenced him to undergo R. I. for seven years and fine of Rs. 1,000/-, in default, R. I. for four months. The appellant had been in custody in connection with the said offence from 2-7-1998 and the benefit of set off under section 428 of Cri. P. C. has been given to the appellant.

(2.) THE prosecution case, in brief, is that the appellant had sexual intercourse on various occasions with the prosecutrix on account of which she became pregnant. According to the prosecutrix, the appellant had sexual intercourse with her on promise of marriage, but later he refused to marry the prosecutrix who had become pregnant and delivered a child. According to the prosecution case, the prosecutrix was less than 16 years of age at the time of commission of offence by the appellant.

(3.) THE case of the appellant is total denial and according to him he has been falsely implicated.