RAGHUNATH NARAYAN PATEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 17.7.2013 passed by the learned Additional Sessions Judge, Khed, in Sessions Case No. 34 of 2010. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 376, 325, 392 and 394 of IPC. For the offence under Section 376 of IPC, the appellant has been sentenced to life imprisonment and fine of Rs. 10000/- i/d S.I. for six months, for the offence under Section 325 of IPC, the appellant has been sentenced to R.I. for three years and fine of Rs. 1000/- in default R.I. for three months, for the offence under Section 392 of IPC, the appellant has been sentenced to R.I. for seven years and fine of Rs. 3000/- in default R.I. for six months and for the offence under Section 394 of IPC, the appellant has been sentenced to life imprisonment and fine of Rs.5000/- in default R.I. for six months. All the sentences were directed to run concurrently.

(2.) The prosecution case, briefly stated, is as under:

(3.) Charge came to be framed against the appellant under Sections 376, 307, 392 and 394 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced in the present case, the learned Judge convicted and sentenced the appellant as stated in para 1 above, hence, this appeal. It may be stated here that the learned Judge convicted and sentenced the appellant under Section 325 of IPC instead of offence under Section 307 of IPC as the offence under Section 307 of IPC was not proved against the appellant.