VIJAY @ AJAY MURLIDHAR DALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 26th Feb., 2013, passed by the District Judge and Additional Sessions Judge, Ahmednagar in Sessions Case No.320 of 2011 thereby convicting the accused-Appellant for the offence of rape upon Ranjana Shelke, punishable under Sec. 376 of the Indian Penal Code (for short "I.P. Code") and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs. 10,000/, and in default of payment of fine, to suffer further rigorous imprisonment for three months. The trial Court also convicted accused for the offence punishable under Sec. 392 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years. The trial Court also convicted accused for the offence punishable under Sec. 452 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years. The trial Court further convicted accused for the offence punishable under Sec. 506 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years. The trial Court also convicted accused for the offence of rape upon Kashibai Parbhane punishable under Sec. 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for ten years and to pay fine of Rs. 10,000/ and in default of payment of fine, to suffer rigorous imprisonment for three months. The trial Court further convicted accused for the offence punishable under Sec. 452 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years. The trial Court also convicted accused for the offence punishable under Sec. 506 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years. The trial Court directed that both the sentences awarded to the accused Vijay under Sec. 376 of the Indian Penal Code shall run consecutively, however, the sentences awarded under Sec. 392, 452 and 506 of Indian Penal Code shall run concurrently.

(2.) The Prosecution case, in brief, is as under:

(3.) After recording the evidence and conducting full fledged trial, the trial Court convicted the accused Vijay for the offence punishable under Sec. 376, 392, 452, 506 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment as aforestated and to pay fine, and in default of payment of fine, to suffer further rigorous imprisonment as aforestated.