SATISH RAMJI CHAURASIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 11.12.2009 passed by the learned Additional Sessions Judge, Vasai in Sessions Case No. 242 of 2007. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 376 of IPC and sentenced the appellant to R.I. for life and fine of Rs. 5000/- in default further imprisonment for four months. The prosecution case, briefly stated, is as under:

(2.) Charge came to be framed against the appellant under section 376 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant was that of total denial and false implication. After going through the evidence adduced in the present case, the learned Judge convicted and sentenced the appellant as stated in para I above, hence, this appeal.

(3.) We have heard the learned counsel 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 counsel for the parties, the judgment delivered by the learned Judge and the evidence on record, we are of the opinion that the appellant committed rape on his minor daughter.