VIJAY KISAN KUMBHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been directed against the Judgment and Order dated 30th March, 2007 delivered by the 6th Adhoc Additional Sessions Judge, Amravati in Sessions Trial No. 145 of 1999, whereby the learned Judge has convicted the Appellant - Accused (hereinafter be referred to as 'Accused' for the sake of brevity) for the offence punishable under Section 376 read with Section 511 of Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.5000/- for the offence punishable under Section 376 read with Section 511 of Indian Penal Code, in default of payment of fine amount, sentenced to suffer rigorous imprisonment for six months. Appellant - Accused has further convicted for the offence punishable under Section 324 of Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.1000/-, in default of payment of fine amount, sentenced to suffer rigorous imprisonment for two months. However, the learned Judge has acquitted the Accused of the offence punishable under Section 376(2)(f) of Indian Penal Code.

(2.) The factual matrix of the case are that :

(3.) On hearing cries of the victim (PW-1), one Kishor Chouhan (PW-4) rushed to that place, removed the Accused from the person of victim and slapped him. He also noticed the injuries on the person of victim (PW-1). Kishor Chouhan (PW-4) then took the victim and accused to the house of victim (PW-1) and the incident was narrated by the victim to her mother. After knowing about the incident, PW-2 Pushpabai along with her daughter i.e. victim (PW-1) proceeded to the outpost of Police Station Kholapur and lodged oral report (Exh.42).