UTTAM BAPURAO GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the judgment and order, delivered by the learned Sessions Judge, Jalna, convicting the appellant, who was the sole accused in Session Case No. 57 of 2009, of an offence punishable under section 376 of the Indian Penal Code, and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.2000/ ,in default to suffer simple imprisonment for three months.

(2.) The prosecution case, was as follows:

(3.) The prosecution examined nine witnesses during the trial. The appellant did not examine himself as a witness or adduced any evidence in defence. His defence, as appearing from his examination under section 313 of the Code and cross examination of the prosecution witnesses, is that he has been falsely implicated at the instance of Mr.Ashruba Kadpe (P.W.5), with whom the appellant had some civil disputes.