DNYANESHWAR DEORAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-orig.accused No.2 has challenged the judgment and order dated 26.4.2005 passed by the learned 1st Ad-hoc Additional Sessions Judge, Malegaon in Sessions Case No.70 of 2004. By the said judgment and order, the learned Sessions Judge convicted the appellant-orig.accused No.2 for the offences under Sections 376(2)(g), 363 r.w. 34 IPC and under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 r.w. 34 of IPC. For the offence under Section 376(2)(g) of IPC the appellant was sentenced to RI for five years and fine of Rs.1000/-, I.D., R.I. for three months. For the offence under Section 363 of IPC the appellant was sentenced to RI for two years and fine of Rs.1000/-, I.D., R.I. for one month. For the offence under Section 3(1)(xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant was sentenced to RI for six months and fine of Rs.500/-, I.D., R.I. for one month.

(2.) The prosecution case briefly stated is as under :

(3.) Charge came to be framed against the appellant under Sections 363 r.w. 34 IPC, 366-A r.w. 34 IPC, 376 (2)(g) IPC as well as for the offence under Section 3(1)(xi) and 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused pleaded not guilty and claimed to be tried. The defence of the accused is that of total denial and false implication. After going through the evidence adduced by the prosecution, the learned Sessions Judge convicted and sentenced the appellant-orig.accused No.2, as stated in para-1 above. Hence this appeal.