NIRANJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 30/7/2005 delivered by 2nd Adhoc Additional Sessions Judge, Pusad thereby convicting the appellant for an offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for a period of ten years.

(2.) Briefly stated, the facts of the appeal are as under.: P.W.1, hereinafter referred to as the prosecutrix, lodged a report with Police Station, Khandala, district Yavatmal at about 1.45 p.m. of 08/9/2003 alleging that the appellant together with another person Vakil caught hold of the prosecutrix at about 3.00 p.m. of 07/9/2003 at village Sawargaon when she was returning after answering nature's call and dragging her to a nearby cattleshed, the appellant committed rape upon the prosecutrix. The prosecutrix alleged that Vakil pressed her mouth and the appellant had caught hold of her both the hands while forcibly taking her to cattleshed. She further alleged that after she was brought to the cattleshed, the appellant held her hands while the other person Vakil tied her both the hands by means of a nylon string and thereafter Vakil left the cattleshed.

(3.) I have heard Shri Tiwari, learned Counsel for the appellant and Smt. Mehta, learned A.P.P. for the State. I have perused the impugned judgment and order and also the evidence available on record.