ANIL KISAN BARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal the appellant ('the accused' for short) takes exception to judgment and order dated 19th May, 2009 passed by Additional Session Judge, Baramati in Sessions Case No. 64/2008 convicting the accused for the offence punishable under Section 376 of IPC and sentencing to undergo R.I. for seven years and to pay fine of Rs. 10,000/- and in default to undergo R.I. for three months. Out of the fine amount, an amount of Rs. 8000/- has been ordered to be paid as compensation to the prosecutrix.

(2.) Briefly, the case of the prosecution is as under:- The prosecutrix and the accused were residents of Village Patethan, Tal. Daund. She was staying in VIIth standard. On 10/2/2008 it was holiday for her school. Her parents had left the house in the morning to attend their daily work. Her elder brother was also not in the house.

(3.) In Sessions Case No. 64/2008 the prosecution examined 10 witnesses and produced several documents insupport of its case. The defence of the accused was of total denial. The accused did not examine any witness in defence. The learned Additional Session Judge upon appreciation of the evidence led by the prosecution held that offence punishable under Section 376 IPC was made out against the accused and convicted and sentenced him as above.