DEVAPPA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 26.07.2013, passed in Sessions Case No. 69 of 2012, by the learned Sessions Judge, Osmanabad, convicting the appellant for the offence punishable under section 376(2)(f) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs. 10,000/-, in default, to suffer rigorous imprisonment for one year. In brief, the case of prosecution is that, at the time of incident complainant-Suresh was residing with his wife and prosecutrix, aged about 10 years at village Kakramba, along with his mother-in-law Vimal, where the prosecutrix was studying and her school timings were from 9.00 a.m. to 5.00 p.m.

(2.) On the basis of report lodged by Suresh, offence came to be registered vide Crime No. 38 of 2012 and investigated by Suresh Sabale, API, who recorded statement of the prosecutrix in presence of President, District Mahila Dakshata Samiti, Tuljapur and seized clothes, which were on her person.

(3.) Learned Trial Court on considering evidence on record, convicted the appellant as above. Hence, this appeal.