SITARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant Sitaram son of Bajirao Kumre, aged about 23 years of Pimpaleaon talua Hinganghat, district Wardha. stood charged before the Sessions Judee, Wardha. under Section 376 of the Indian Penal Code for committing rape on Saraswati wife of Gulab on November 19, 1970, at about 8 A. M. at Pimpalgaon.

(2.) THE Sessions Judge held the charge as proved. The appellant was convicted under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of three years.

(3.) THE version of the prosecution is as follows : The prosecutrix Saraswati (P. W. 2) is a married woman, aged 16 years. Her parents and brother Ishwar (P. W. 1) are residents of Pimpalsaon. Saraswati was married three years before August 1971 and was staying at her husband's place. She visited her father's Place in the month of November 1970. The accused is a resident of Pimpalgaon.