A.R. Joshi, J.

1. Heard rival arguments on this Criminal Appeal preferred by the appellant/orig. accused challenging the judgment and order of conviction dated 9th August, 2004 passed by the 1st Adhoc Additional Sessions Judge, Nashik in Sessions Case No.19 of 2004. By the said judgment and order, the appellant/accused was convicted for the offence punishable under Section 302 of IPC and was sentenced to suffer imprisonment for life and to pay fine of Rs.500/-, in default to suffer further RI for two months. He was acquitted for the offence punishable under Section 135 of the Bombay Police Act.

2. The case of the prosecution, in nutshell, is as under:-

The appellant/accused was working in one hotel by name “Hotel Panchavati Yatri” at Nashik as a waiter. He left the job on 6th October, 2003. The victim woman Pushpa Jadhav was also working in the same hotel as a maid servant. As such, she was in acquaintance with the appellant/accused as both were working in the same hotel as servants. Though the appellant/accused left the service, victim Pushpa Jadhav continued to work in the said hotel. The actual incident of assault occurred on the night of 18th October, 2003. On that ni