ASHOK BHAURAO GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned Vth Additional Sessions Judge, Jalgaon, in Sessions Case No. 90/1993, whereby appellant has been convicted for offence punishable under sections 366 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five (5) years and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for three (3) months on each count. Though he was held guilty for offence punishable under section 363 of the Indian Penal Code, yet no separate sentence was inflicted.

(2.) Appellant Ashok was original accused No. 1 before the learned Vth additional Sessions Judge. Original accused No. 2, namely, Sanjay Pundalik gawai was jointly tried with appellant for offence of abetment. He was acquitted.

(3.) To the charge (Exh-10), the appellant pleaded not guilty. He denied truth into the accusations. He categorically denied that the prosecutrix was aged below 16 years at the relevant time. He entered witness box in support of his defence. According to his version, the prosecutrix used to wander here and there while her parents used to go out of house for work. She requested him to take her with him as she wanted to see Mumbai. She herself accompanied him to Mumbai because she was desirous to see the metro city. He denied that he ravished her at ambarnath.