VILAS LAXMAN CHAWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The correctness of the judgment and order dtd. 8/11/2017 (impugned judgment) passed by the Additional Sessions Judge, City Civil and Sessions Court, Borivali Division, Dindoshi is assailed in this Appeal. By the impugned judgment, the sole accused stands convicted for the offences punishable under Ss. 363, 366A and 376(2)(f) of the Indian Penal Code. For the offence punishable under Sec. 363 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment (RI) for two years and to pay a fine of Rs.1,000.00 and in default of the same suffer R.I. for two months. For the offence punishable under Sec. 366A of the IPC, he is sentenced to suffer RI for five years and to pay a fine of Rs.3,000.00 and suffer RI for four months in default. For the offence punishable under Sec. 376(2)(f) of the IPC, he is sentenced to suffer RI for life and to pay a fine of Rs.10,000.00 in default of which, suffer RI for one year. The sentences are to run concurrently. Since the Appellant is in jail from the date of his arrest, i.e., 27/6/2012, set off is granted against the sentence already undergone. An amount of Rs.7,000.00 realized from the fine, is directed to be paid to the prosecutrix (victim), towards compensation.

(2.) The facts leading to the present Appeal are as follows:

(3.) The witnesses examined by the prosecution are as under: