SURESHYELLAJI YEREWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant for quashing and setting aside the judgment and order dated 17-1-2003 passed by the 3rd Adhoc Additional Sessions Judge, Chandrapur in Sessions Case No. 109/1998 convicting the appellant for offences punishable under sections 376 and 323 of the Indian Penal Code. By the impugned judgment and order, for the offence under Section 376 of the Penal Code, the appellant has been sentenced to suffer three years' rigorous imprisonment and to pay a fine of Rs. 1,000/-, in default to undergo further R. I. for two months. For the offence under Section 323 of the Penal Code, the appellant has been sentenced to suffer R. I. for one year and to pay fine of Rs. 100/-, in default to undergo further R. I. for one month.

(2.) THE brief relevant facts of the prosecution case are as follows :

(3.) THE contentions raised on behalf of the appellant can be summarised as under: