AJAYSINGH KUVARSINGH DAHIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under section 376 (2) of the Indian Penal Code and sentenced to suffer R.I. for 7 years and to pay fine of Rs. 25,000/- I.d. to suffer R.I. for six months. The appellant is also convicted for the offence punishable under section 506(II) of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay fine of Rs. 5,000/- I.d. to undergo further R.I. for 6 months vide Judgment and Order dated 30/1/2015 passed by the Additional Sessions Judge, Gr. Bombay in Sessions Case No. 28 of 2013. Hence, this appeal.

(2.) Such of the facts necessary for decision of this appeal are as follows :

(3.) At the trial prosecution examined 8 witnesses to bring home the guilt of the accused. The case rests upon the evidence of the victim i.e. P.W.5, P.W.3 Dr. Sucheta Phad, who had examined the victim and P.W.6 Soniya, who had initiated criminal prosecution against the appellant by taking cognizance of the complaint of the victim.