AFTAB MUSTAQ KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dtd. 26/9/2014 passed by the learned Additional Sessions Judge, Greater Mumbai in Sessions Case No. 920 of 2013. By the impugned judgment and order, the trial court convicted the appellant for the offence punishable under Sec. 376 of the Indian Penal Code and sentenced to suffer Life Imprisonment and to pay fine of Rs.1000.00 and in default of payment of fine to undergo further Rigorous Imprisonment for two months.

(2.) We have heard the learned counsel for the appellant and the learned APP for the respondent - State.

(3.) The learned counsel for the appellant submits that on the basis of evidence on record, the only offence which can be said to be proved against the appellant is the offence of attempt to commit rape. It is submitted that the trial court, therefore, erred in convicting the appellant for the offence of rape. The learned counsel for the appellant further submits that at the relevant time, the appellant was aged about 18 to 19 years and therefore, the trial court ought not to have imposed the punishment of life imprisonment.