UDAYKUMAR KISAN VELONDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under section 376 of the Indian Penal Code and sentenced to suffer R.I. for 10 years and fine of Rs. 20,000/- I.d. further R.I. for 3 years. The appellant is also convicted for offence punishable under section 450 of the Indian Penal Code and sentenced to suffer R.I. for 5 years and fine of Rs. 10,000/- I.d. R.I. for one month, by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 210 of 2011 vide Judgment and Order dated 20/11/2013. Hence, this Appeal.

(2.) Such of the facts necessary for the decision of this Appeal are as follows :

(3.) The case mainly rests on the evidence of the complainant and the medical evidence. The deposition of P.W. 1 is in consonance with the first information report. According to her, her mouth was tied with handkerchief and her hands were twisted against wall. The first information report is marked at Exh. 12. In the cross-examination, she had admitted that a week prior to the incident, the accused had been to her house to demand rent. At that time, he had not misbehaved with her. Her father had asked him to revisit in order to receive rent as he did not have money to pay the rent.