PRADEEP SUNIL BAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant assailed the judgment in Sessions Case No. 55/2012 delivered by 3rd Additional Sessions Judge, Chandrapur dated 25-10-2017 by which he is convicted for the offences punishable under Sections 376 and 417 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 50, 000/ in default to undergo rigorous imprisonment of six months for the offence punishable under Section 376 of the Indian Penal Code. He is also convicted for the offence punishable under Section 417 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 10, 000/ in default he shall undergo rigorous imprisonment of one month.

(2.) The case of the prosecution against the appellant can be summarized as under.

(3.) Heard learned counsel Shri R. M. Daga for the accused. He has pointed out evidence of P.W. 1. Learned counsel has submitted that P.W. 1/victim was more than 16 years of age at the time of incident. She was in love with the accused. Sexual intercourse took place with her consent. Therefore, it is not a rape as defined in Section 375 of the Indian Penal Code.