SHANKARLAL BHAU DHANDE 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, Achalpur, in Sessions Trial No. 49 of 2011 on 27.06.2013, thereby convicting the present appellant for the offence punishable under Sections 376 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/-, in default to suffer further rigorous imprisonment for one year. By the said judgment and order, the appellant is also convicted of the offence punishable under Section 506(2) of Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/- in default to suffer further rigorous imprisonment for six months. Both the sentences were to run concurrently.

(2.) The facts which are necessary for the decision of this appeal are enumerated as under :

(3.) The first information report discloses that the first informant Bharati (P.W.1) is natural daughter of P.W.2 Bukibai. Father of prosecutrix died much earlier to the date of the report. After the death of her father Chunnilal Kasdekar, her mother Bukibai (P.W.2) married with the appellant. Thereafter the prosecutrix along with her mother used to reside with the appellant at village Kasmar.