VISHAL BABAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for an offence punishable under Section 376(2)(d) of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 1000/-, in default of which to undergo Simple Imprisonment for two months by the District Judge - 5 & Additional Sessions Judge. Thane, by judgment dated 28/01/2013 in Sessions Case No. 107 of 2011, by this appeal questions the correctness of his conviction and sentence. This Appeal was admitted by this Court on 22nd March 2013. This Court while deciding the Criminal Application No. 336 of 2013 filed by the Appellant seeking suspension of the substantive sentence of imprisonment and his enlargement on bail, pending the decision of the Appeal, permitted the Appellant to file a private paper-book. This Court, by the order dated 11th July 2013 directed that after the paper-book was filed the Appeal be listed before the Court for final hearing. Accordingly, this Appeal was listed before us for final hearing.

(2.) Facts in brief, as are necessary for the decision of this Appeal, may briefly be stated thus:--

(3.) On committal of the case to the Court of Sessions, Trial Court, vide Exh. 19 framed charge against the Appellant for an offence punishable under Section 376(2)(d) of the Indian Penal Code. The Appellant denied his guilt and claimed to be tried. Prosecution in support of its case, examined 12 witnesses. The defence of the Appellant was of denial. The Trial Court, upon appreciation of the evidence, convicted and sentenced the Appellant as afore-stated.