SOMA BALKRUSHNA DADORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dt. 26.7.2004 passed in Sessions Trial No. 348 of 1997 by the learned 4th Additional Sessions Judge, Nagpur whereby the appellant/accused was convicted of the offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and to pay a fine in the sum of Rs. 1,000/ , in default to undergo further rigorous imprisonment for a period of one month. The accused was also found guilty of the offence punishable under Section 506 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for a period of one year and to pay a fine in the sum of Rs. 1000/ , in default to suffer rigorous imprisonment for a period of one month. However, the accused was acquitted of the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act").

(2.) The facts, briefly stated, are as under :

(3.) Thus, the accused was charged for the alleged offences punishable under Sessions 376 and 506 of the Indian Penal Code and also under Section 3(1)(xi) of the Atrocities Act. The accused pleaded not guilty and claimed to be tried. Prosecution had examined nine witnesses in support of the prosecution case and closed its evidence.