LAWS(BOM)-2022-1-236

DILIP Vs. STATE OF MAHARASHTRA

Decided On January 27, 2022
DILIP Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 14/6/2018, passed by Additional Sessions Judge, Ahmednagar in Special Case No. 137/2017, convicting the appellant for the offence punishable under Sec. 376(2)(1) of the Indian Penal Code and sentencing him to rigorous imprisonment for a period of ten years and to pay a fine of Rs.60,000.00. In default of payment of fine, the appellant is directed to undergo simple imprisonment for a period of one year.

(2.) The facts giving rise to the present appeal are as follows:-

(3.) Since the prosecutrix was found to have belonged to a Scheduled Caste, relevant provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atrocities Act) were also invoked. Learned Additional Sessions Judge framed the charge (Exh.3). The appellant pleaded not guilty. His defence is of false implication on account of having made complaint against the father of the prosecutrix.