KISHOR @ BANDU Vs. THE STATE OF MAHARASHTRA,

JUDGEMENT

(1.) Challenge is to the judgment and order dated 31.5.2001 rendered by the learned Additional Sessions Judge, Gadchiroli in Sessions Case 23 of 1993 by and under which the appellant - accused is convicted for offence punishable under section 376 of the Indian Penal code ("IPC" for short) and is sentenced to suffer rigorous imprisonment for seven years and to payment of fine of Rs.500/-.

(2.) Heard Shri R.M. Daga, the learned counsel for the accused and Shri N.H. Joshi, Additional Public Prosecutor for the respondent / State.

(3.) The learned counsel for the accused Shri R.M. Daga submits that the sexual relationship, even if it is assumed that the sexual relationship is established, was consensual. Shri R.M. Daga would then submit that the prosecution failed to prove that the age of the prosecutrix was less than 16 years as on the date of the alleged incident.