(1.) The Appellant has challenged the Judgment and order dtd. 15/10/2020, passed by learned Additional Sessions Judge and D.J.-1, Islampur, in Sessions Case No.20 of 2019. The Appellant was convicted for commission of offence punishable U/s.376(2)(f) of the I.P.C. and was sentenced to suffer R.I. for 10 years and to pay a fine of Rs.1000.00 and in default of payment of fine to suffer S.I. for two months. He was also convicted for commission of offence punishable U/s.506 of the I.P.C. and was sentenced to suffer R.I. for one year and to pay a fine of Rs.500.00 and in default of payment of fine to suffer S.I. for one month. Both the substantive sentences were directed to run concurrently. The Appellant was granted set off U/s.428 of the Cr.p.c. The Appellant was acquitted from the charges of commission of offence punishable U/s.342 of the I.P.C.
(2.) Heard Shri. Shailesh Chavan, learned appointed Advocate for the Appellant and Shri. Agarkar, learned APP for the State/Respondent.
(3.) The prosecution case is that the Appellant was the maternal cousin of the prosecutrix's husband. The incident took place on 01/11/2018 in the afternoon. The prosecutrix was staying with her mother in law, her husband and two sons. On the date of incident her husband was not present. He had gone to a different city to attend his job. He was a cleaner on the truck, therefore, he used to go for his job at least 8 to 10 days in a month. On the date of incident, her mother in law had gone out. The Appellant came to the prosecutrix's house. He gave some money to her son to buy something. Her sons went out. At that time, the prosecutrix was alone in the house. The Appellant took advantage of the situation and committed rape on her.