SHRIKANT S/O SUKHDEO BORKAR Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION JARIPATKA, TAHSIL & DISTRICT NAGPUR

JUDGEMENT

(1.) Challenge is to the judgment and order dated 30.7.2009 rendered by the 5th Additional Sessions Judge, Nagpur in Sessions Trial 402 of 2008, by and under which, the appellant - accused is convicted for the offence punishable under section 376 of the Indian Penal Code ("IPC") and is sentenced to suffer rigorous imprisonment for seven years and to payment of fine of Rs.3,000/ and is further convicted for offence punishable under section 323 of IPC and is sentenced to undergo rigorous imprisonment for three months and is also convicted for the offence punishable under section 342 of the IPC and is sentenced to suffer rigorous imprisonment for three months.

(2.) Heard Smt. Ankita Sarkar, the learned counsel for the appellant - accused and Shri N.H. Joshi, the learned Additional Public Prosecutor for the respondent / State.

(3.) The prosecution case, as is unfolded during the course of the trial is thus: