YOGESH SITARAM DHAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against judgment rendered by learned additional Sessions Judge, Aurangabad in sessions Case No. 74/2009 whereby the appellant has been convicted for offences punishable under Section 363 and 376 of the i. P. Code and is sentenced to suffer rigorous imprisonment for one (1) year and to pay find of Rs. 1000/-, in default to suffer simple imprisonment for one month on first count and to suffer rigorous imprisonment for seven (7)years and to pay fine of Rs. 3000/-, in default to suffer simple imprisonment for three (3)months on the second count.

(2.) Complainant PW Rajendra Korde is clerk in the office of Panchayat Samiti. He is inhabitant of village Khedle-Kajali. The appellant is remotely related to him. The parental house of the appellant is situated in a small locality (vasti) on way between village khedle-Kajali and Pravara-Sangam. There is school at Pravara-Sangam which is around 5 kms. away from locality of village Khedle-Kajali. The prosecutrix is the second daughter complainant PW Rajendra Korde. She was aged about 15 years at the relevant time. She was attending 10th standard in the secondary english school at Pravara-Sangam in the relevant period. She used to commute to the school on a bicycle.

(3.) At the trial, the prosecutrix examined four (4) witnesses in support of its case. DW1 Baban Rothe was examined by the defence (appellant ). He is husband of the aunt of complainant PW Rajendra and with whom the prosecutrix was residing before she and the appellant eloped together on 8th August, 2008.