KISHAN SURAJMAL GEHLOT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for offence punishable under Section 376 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.3000/-, in default of which to undergo further RI for three months, by the Additional Sessions Judge, Greater Bombay, by judgment dated 10/09/2004, in Sessions Case No. 438 of 2003, by this appeal challenges his conviction and sentence.

(2.) The appellant had filed the present appeal after a delay of more than nine years and, therefore, this court, while admitting the appeal, directed that the record and proceedings be called for and the appeal be listed for final hearing without waiting for the preparation of a formal paper book. Accordingly, this appeal has been listed before us for final hearing.

(3.) Facts, as are necessary for the decision of this appeal, may briefly be stated thus: