GURUCHARAN AND ORS. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and order dated 18th December, 2010 passed by the learned Additional Sessions Judge, Nagpur, in Sessions Trial No. 529/2009, thereby convicting the appellants/accused for the offence punishable under Section 376 of the Indian Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Rs. 500/- each, and in default of payment of fine, each of them to suffer rigorous imprisonment for one month, the appellants have approached this Court. The prosecution case, as could be gathered from the material placed on record, is thus:-

(2.) Upon completion of the investigation, charge sheet came to be filed for the offence punishable under Section 376 of the Indian Penal Code in the court of Judicial Magistrate First Class. Since the case was exclusively triable by the Sessions Judge, the same came to be committed to the learned Sessions Judge.

(3.) The learned trial Judge framed the charge for the offence punishable under Section 376 of the Indian Penal Code against the accused to which the accused pleaded not guilty and claimed to be tried. At the conclusion of the trial, the learned trial Judge passed the order of conviction and sentence as aforesaid. Being aggrieved thereby the present appeal.