RAMDAS ALIAS RAMKISAN S/O NAGNATH HULGUNDE Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, AMBEJOGAI (CITY) POLICE STATION, TALUKA

JUDGEMENT

(1.) This criminal appeal is being directed against the impugned judgment and order dated 25.07.2016 by which the appellant is convicted for the offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 2,000/-. He is further convicted for the offence punishable under Section 452 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 1,000/-. The accused is convicted under Section 323 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/-. The accused is further convicted under Section 506 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 1,000/-. The appellant is also found guilty for the offence punishable under Section 3 [2] [V] of SC and ST [Prevention of Atrocities] Act, 1989 and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 2,000/-.

(2.) Pw1 Victim lodged a complaint to the Police Station Ambajogai on 205.2015 alleging that on 21.05.2015 her husband Manoj went to Barshi and sent a message through brotherinlaw Ashok that he is coming late to house, therefore, the prosecutrix slept in her house without latching the door from inside.

(3.) On 22.05.2015 at about 2:30 am, suddenly the accused entered into the house and latched the door from inside. At that time the prosecutrix awakened and inquired with the accused as to why he entered into the house. At that time prosecutrix tried to make hue and cry, however, the accused pressed her mouth and also threatened to kill.