(1.) The Appellant herein is convicted for offence punishable under Section 376 of the Indian Penal Code and is sentenced to suffer 10 years rigorous imprisonment and fine of Rs. 2000/- i.d. to suffer simple imprisonment for 2 months. He is also convicted for offence punishable under Section 323 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 6 months and fine of Rs. 500/- i.d. to suffer simple imprisonment for one month, by the Additional Sessions Judge, Pune vide Judgment and Order dated 23rd August, 2011 in Sessions Case No. 436 of 2008. Hence, this appeal through jail. Heard Learned Counsel Mr. Rohan Surve who was appointed through legal aid to espouse the cause of the appellant and the learned APP.
(2.) Such of the facts which are necessary for the decision of this appeal are as follows:
(3.) The investigation was set in motion. The accused was arrested on 13/4/2008. The investigation was completed and chargesheet was filed on 11/6/2008. The case was committed to the Court of Sessions and registered as Sessions Case No. 436 of 2008. The prosecution examined 11 witnesses to bring home the guilt to the accused. The Court had also examined 2 witnesses i.e. Santosh Jagtap and Suresh Londhe.