BARKYA @ VISHWAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Appeal is seeking an exception to the Judgment and Order dtd. 3/12/2016, passed by the Additional Sessions Judge at Islampur, District Sangli, in Sessions Case No.17 of 2014, whereby the Appellant has been convicted for the offences punishable under Ss. 363 and 302 of the I.P.C. and sentenced under Sec. 302 of the I.P.C. to suffer imprisonment for life and to pay a fine of Rs.2,000.00 and in default, HEMANT to suffer simple imprisonment for one month. No separate sentence has CHANDERSEN SHIV been awarded for the offence punishable under Sec. 363 of I.P.C. The Appellant has been acquitted of the offence punishable under Sec. 377 of I.P.C. and under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act")

(2.) Facts giving rise to this Appeal are as under:-

(3.) On committal of the case, the learned Judge of the trial Court framed the charge at Exh.24. The charge was read over and explained to Appellant in Marathi vernacular. The Appellant pleaded not guilty to the charge and claimed to be tried. His plea was recorded below Exh.25. The defence of the Appellant was of denial and false implication.