NAMDEV SHAMRAO NIKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CHALLENGE in this appeal is to judgement rendered by learned Additional Sessions Judge, Jalgaon, in Sessions Case No. 31 of 2007 whereby the appellant came to be convicted for offences punishable under section 354, 448 and 376 of the I.P. Code and has been sentenced to suffer rigorous imprisonment for ten (10) years and to pay fine of Rs. 10,000/-, in default to suffer rigorous imprisonment for six (6) months for offence punishable under section 376 of the I.P. Code though no separate sentence has been awarded for offences punishable under section 448 and 354 of the I.P. Code.

(2.) BACKGROUND facts of the prosecution case may be briefly stated as follows :.

(3.) AT the trial, the prosecution examined in all eleven (11) witnesses in support of its case. The prosecution also relied upon certain documents. The learned Additional Sessions Judge accepted the versions of the prosecution witnesses, more particularly that of the prosecutrix and her mother. The learned Additional Sessions Judge held that the appellant committed criminal trespass into the house of the complainant with an intention to outrage modesty of the prosecutrix or to commit sexual intercourse with her by use of force. The learned Sessions Judge further held that he did commit both the latter offences. In keeping with such findings, the appellant came to be convicted and sentenced as described hereinabove.