GANESH MANIK PENDOR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Pandharkawada dated 17.6.2014 in S.T. No. 11 of 2012. By the said judgment, the learned Judge of the trial Court has convicted the appellant for the offence punishable under Section 363 of Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default to suffer further simple imprisonment for six months. The learned trial Judge also convicted the appellant for the offence punishable under Section 376(2)(f) of Indian Penal Code and sentenced him to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 2000/-, in default to suffer simple imprisonment for one year.

(2.) Heard learned counsel (appointed) for the appellant and learned APP for the State. With their able assistance, I have gone through the record and proceedings.

(3.) At the outset, learned counsel for the appellant submitted that the appellant cannot be convicted for the offence punishable under Section 376 of Indian Penal Code. At the most, on the basis of evidence available on record, he can be found guilty for making an attempt to commit rape.