BHAGWAN CHARAN MATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein along with one more accuse Dhanpal S/o hiraman Mate was tried under Section 376 of the Indian Penal Code in Sessions Case no. 33 of 1994 by the IInd Additional Sessions judge, Bhandara.

(2.) The appellant who is accused No. 1 was convicted under Section 376 of the Indian penal Code and was sentenced to undergo r. I. , for seven years and to pay a fine of rs. 5,000/- in default S. I. , for one year.

(3.) The Judgemnt of conviction is based on: (a) acceptance of testimony of PW-1 the prosecutrix Archana, and considering her version being corroborated by the statement of her mother Kusum to whom the prosecutirx had punctually disclosed sexual assault on her; (b) The PW-2 who was coprosectrix can be believed in so far as the assault on PW-1 is concerned though sangita was not believed in so far as the charge of outraging modesty levellled against the accused No. 2.