BALYA @ RAHUL SAHEBRAO LOKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 6/4/2022, passed by the learned Additional Sessions Judge, Amravati, whereby the learned Judge convicted the appellant for the offences punishable under Ss. 376(1) and 452 of the Indian Penal Code, 1860 (for short, "IPC"), and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000.00 and in default to suffer simple imprisonment for 6 months for the offence punishable under Sec. 376(1) of the IPC, and rigorous imprisonment for 1 year and to pay a fine of Rs.1,000.00 and in default to suffer simple imprisonment for 1 month for the offence punishable under Sec. 452 of the IPC.

(2.) Background Facts:

(3.) On the basis of this report, a crime bearing No.105/2017 was registered. The prosecutrix was referred for medical examination to Sub-District Hospital, Morshi. She narrated the history of assault to the Medical Officer. No injury was found on her person in the medical examination. The Investigating Officer arrested the appellant. In the medical examination of the appellant, no injury was found. The Investigating Officer recorded the statements of the prosecutrix, PW-2 Pundlik and other 3-4 witnesses. The statement of the prosecutrix was recorded under Sec. 164 of the Code of Criminal Procedure, 1973 (for short, "Cr.PC.") before the learned Magistrate. The Investigating Officer, after completion of the investigation, filed the charge-sheet. The learned Judge framed the charge against the appellant. The appellant pleaded not guilty. His defence is of total denial and false implication to settle the personal score. The appellant was the employee of Khasbage, the landlord of the prosecutrix. The prosecutrix had a dispute with the landlord in respect of her tenanted premises. The prosecution, in order to bring home the guilt of the appellant, examined four witnesses. The learned Judge, on consideration of the evidence, held the appellant guilty and sentenced him as above. The appellant has come before this Court against this judgment and order.