JINNASRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is by original accused (hereafter referred as "accused") who was convicted for offence punishable under Section 376 of Indian Penal Code, 1860 (for short "I.P.C.") by Sessions Judge, Jalna in Crime No.51 of 1997 of Hasnabad Police Station and who was sentenced to suffer rigorous imprisonment for four years and to pay a fine of Rs.1,000/ and in default of fine to suffer rigorous imprisonment for one year.

(2.) When the Appeal was filed, notice of enhancement of sentence was issued to the Appellantaccused keeping in view provisions of Section 376 of I.P.C. The notice has been registered as Criminal Revision Application No.1 of 2001. Thus this matter has come up for hearing.

(3.) Case of prosecution in brief, is as under: