SOMESHWAR S/O BABURAO KUTHE, AGED ABOUT 28 YEARS, OCCU: CULTIVATION, R/O SARANDI, POLICE STATION, LAKHANDUR, TQ. LAKHANDUR, DISTT. BHANDARA Vs. THE STATE OF MAHARASHTRA, THROUGH P.S.O.,P.S. LAKHANDUR, TQ. LAKHANDUR, DISTT. BHANDARA

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge Bhandara, dated 30th of Aug., 2014 in Special Criminal (Atrocity) Case No. 13 of 2011, the appellant is before this Court.

(2.) The appellant was convicted and sentenced for the offence punishable under Sec. 376 (1) of the Indian Penal Code and for that he was directed to suffer rigorous imprisonment for ten years and to pay a fine of and in default of payment of fine to suffer rigorous imprisonment for three months. The appellant was also convicted for the offence punishable under Sec. 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and for that he was directed to suffer imprisonment for life and to pay a fine of and in default of payment of fine to suffer rigorous imprisonment for four months.

(3.) When this matter was placed before us for final hearing, the learned counsel for the appellant remained absent. We have heard Shri N.B. Jawade, the learned Additional Public Prosecutor for the State. With his able assistance, we have gone through the notes of evidence and record and proceedings of the case. According to the learned Additional Public Prosecutor, the evidence of prosecutrix is conclusive in its nature warranting no interference from this Court and therefore, prayed for dismissal of the appeal.