SIDDHIVINAYAK MORESHWAR GAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments on this appeal which is taken up for final hearing as the application for bail during the pendency of the appeal was rejected by this Court when the appeal was admitted.

(2.) Present appellant was convicted for offence under sections 363, 365 and 376 of IPC. For the first two counts, he was sentenced to suffer RI for seven years each and to pay a fine of Rs. 5000/- each. For the third count, he was sentenced to suffer RI for ten years and to pay a fine of Rs. 5000/-. Being aggrieved by the said judgment and order passed by the Additional Sessions Judge, Greater Mumbai in Sessions Case No. 147 of 2009 passed on 17th December, 2012, the appellant has preferred this appeal.

(3.) The case of the prosecution, in nutshell, can be mentioned in order to have proper perspective of the matter and to decide the appeal in the light of the evidence brought before the trial Court as under: