This appeal by the appellant is directed against the judgment and order passed by learned Additional Sessions Judge, Nandurbar in Sessions Case no.28/1994, decided on 24.11.1994, whereby the appellant was held guilty for an offence punishable under Section 307 of the Indian Penal Code and was sentenced to suffer R.I. for two years and pay fine in the sum of Rs.1000/- in default to suffer R.I. for three months.

2. Briefly stated, the prosecution case is that the appellant Ashok More, who was aged about 19 years at the time of the incident, and was taking education in 10th standard in public high school at Visarwadi. According to the prosecution, his class mate was a girl, by name Ms Malti, studying in the same school, while Ravidas Gavit ( examined as PW 2), alleged victim in the case, was ex student of that school and was intending to appear for 12th standard examination externally. According to the prosecution, said Ravidas was in love with Ms Malti. He came to know that the appellant was possessing photograph of said Malti and was pointing that photograph to other students in the class under the pretext that the appellant is having love affair with Ms Malti. This happen