DINESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the judgment and order dated 28th of September 2001 passed in Session Trial No. 27 of 1995 by the 2nd Additional Sessions Judge, Yavatmal, thereby convicting the appellant for the offence punishable under Section 376 read with Section 511 of the Indian Penal Code and sentencing to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 7000/ -, in default of payment of fine to undergo rigorous imprisonment for six months. The appellant is further convicted for the offence punishable under Section 354 of the Indian Penal Code and is sentenced to suffer imprisonment for one year and to pay a fine of Rs. 1000/ - in default of payment of fine to suffer further imprisonment for three months. The appellant is also convicted for the offence punishable under Section 323 of the Indian Penal Code and is sentenced to suffer imprisonment for one month and to pay a fine of Rs. 500/ -, in default of payment of fine further imprisonment for one month.

(2.) PROSECUTION case can briefly be stated as under -

(3.) CHARGE was framed against the appellant for the offence punishable under Sections 376 r/w 511, 323, 354 of the Indian Penal Code to which he pleaded not guilty and claimed to be tried.