VIJAY ABHIMAN BARAHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the conviction of the appellant for the offences punishable under Section 376(2)(f) of the Indian Penal Code (for short, IPC) and sentence for rigorous imprisonment for ten years and to pay fine of Rs. 1000/-, in default, further rigorous imprisonment for six months imposed by the learned Additional Sessions Judge, Niphad on conclusion of Special (Atrocity) Case No. 12 of 2006 before him. The facts which are material for deciding this appeal are as under:

(2.) Learned Additional Sessions Judge charged the appellant of offences punishable under Section 376(2)(f) of IPC and Section 3(1)(xii) of the Atrocities Act. Since the appellant pleaded not guilty, he was put to trial at which the prosecution examined in all 13 witnesses in an attempt to bring home the guilt of the appellant. After considering the prosecution evidence in the light of the defence of false implication, the learned Additional Sessions Judge acquitted the appellant of offence punishable under Section 3(1)(xii) of Atrocities Act, but, proceeded to convict and sentence him for the offence punishable under Section 376(2)(f) of IPC, as aforementioned. Aggrieved thereby, the appellant is before this Court.

(3.) I have heard the learned Counsel for the appellant and the learned Additional Public Prosecutor for the State. With the help of both, I have gone through the evidence on record.