ASHOK RAMESH BHALERAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused has preferred this appeal against the judgment and order dated 25.07.2008 passed by the Principal Sessions Judge, Raigad-Alibag in Sessions Case No. 174 of 2007. By the said judgment and order, the learned Sessions Judge convicted and sentenced the appellant as follows:--

(2.) Charge came to be framed against the appellant-accused under Sections 376(2)(f) and 302 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false application. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 1 above, hence, this Appeal.

(3.) We have heard the learned Advocate for the appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the appellant committed an attempt to rape Surekha and thereafter caused her death by putting a cloth ball in her mouth which led to her death due to asphyxia due to suffocation.