NAVAL JATAN MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Jail Appeal is by Appellant original accused (hereafter referred as "accused") against his conviction in Sessions Case No.121 of 2013, awarded by Additional Sessions Judge, Dhule on 26th December 2014. The accused has been convicted to ten years rigorous imprisonment under Section 376 of the Indian Penal Code, 1860 ("IPC" in brief), and fine of Rs.5000/ and in default to suffer further simple imprisonment for two months. He has also been convicted under Section 201 of IPC to rigorous imprisonment of three years and fine of Rs.1000/ and in default, to suffer further simple imprisonment for ten days. Under Section 506 of the IPC, he has been convicted to suffer rigorous imprisonment for two years. All the sentences were directed to run concurrently and the fine amount, if realized, has been directed to be paid to the prosecutrix as compensation. Thus, this Appeal.

(2.) In a nutshell, the case of prosecution can be stated to be as follows:

(3.) Against the accused, earlier charge was framed under Section 376 and 506 of IPC. After partly recording the examinationinchief of the victim, the charge came to be altered to add offence under Section 201 of IPC also relating to destruction of evidence. The accused pleaded not guilty. His defence is of denial. It is also suggested to the witnesses that there was a quarrel between the accused and the husband of victim regarding payment of money and thus false case has been filed.