PANDURANG LALASAHEB YADAV Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Appeal No.1172 of 2007, the appellant has challenged the judgment and order dated 31st August 2007 passed by the Adhoc District Judge 2 and Additional Sessions Judge, Sangli in Sessions Case No.79 of 2007 thereby convicting the appellant for an offence punishable under Sections 376 (2) (f) of the Indian Penal Code and sentenced him to suffer R.I. for 10 years and to pay fine of Rs.2000/- and in default of payment of fine to further suffer simple imprisonment for six months. The State has preferred Appeal No.1223 of 2007 as contemplated under Section 377 (1) of Cr. P.C. for enhancement of the sentence imposed upon the appellant by the Trial Court by the aforesaid judgment and order. Both appeals are heard together as they are arising out the same impugned order dated 31st August 2007 passed by the Trial Court.

(2.) The facts which are necessary to decide the present appeal can briefly be stated thus:-

(3.) Heard Shri Sachin Chandan, the learned Advocate appointed for the appellant/accused and Smt. A.S. Pai, the learned APP for the State. With their assistance we have also perused the entire record of the present case.