SHAMLAL PUNARAM ACHALE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is assailing the judgment and order dated 17-3-2003 rendered by the learned II Additional Sessions Judge, Bhandara in Sessions Trial 139/2001, by and under which the appellant-accused is convicted for offence punishable under Section 452 of the Indian Penal Code (" IPC " for short) and is sentenced to suffer rigorous imprisonment for two years and to payment of fine of Rs.1,000/-. He is further convicted for offence punishable under Section 376 of the IPC and is sentenced to suffer rigorous imprisonment for seven years and to payment of fine of Rs.2,000/-.

(2.) The genesis of the prosecution lies in oral report dated 05-11-2001 (Exhibit 17) lodged by the prosecutrix (P.W.1) at Police Station Deori alleging that the accused subjected her to forcible sexual intercourse.

(3.) The gist of the report is thus :