ANIL ALISA BOWA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant by mistake has filed these two appeals challenging the same conviction for offence punishable under Section 376 of the Penal Code and sentence of RI for seven years and fine of Rs.20,000/- or in default RI for one year.

(2.) The facts, which led to prosecution and conviction of the appellant, are as under :

(3.) Upon commitment of the case by the learned Judicial Magistrate First Class, Saoli, the learned Sessions Judge, Chandrapur charged the appellant of offences punishable under Sections 376 and 417 of the Penal Code. Since the appellant pleaded not guilty, he was put on trial, at which the prosecution examined in all three witnesses. Upon consideration of their evidence in the light of defence of denial taken by the appellant, the learned Sessions Judge held the appellant guilty of offence punishable under Section 376 of the Penal Code and sentenced him to suffer rigorous imprisonment for seven years and fine of Rs.20,000/-, or in default to suffer RI for one year. He acquitted the appellant of offence punishable under Section 417 of the Penal Code. Aggrieved thereby, the appellant has preferred this appeal.