REVATI MOHITE DERE, J.

1. The Appellant vide Judgment and Order dated 13th February, 2014, passed by learned District Judge-5 and Additional Sessions Judge, Thane, in Sessions Case No.41 of 2010, has been convicted and sentenced as under:-

- for the offence punishable under Section 376 of the Indian Penal Code to suffer rigorous imprisonment for 7 years and to pay fine of Rs.2,000/-, in default, to suffer rigorous imprisonment for 3 months.

- The Appellant was however acquitted of the offences punishable under Sections 366A, 341, 504, 506 r/w 34 of the Indian Penal Code.

2. According to the prosecutrix (PW1), on 10th March, 2009, i.e. on the Holi day, at around 9.00 p.m. PW2 (a friend of the prosecutrix) came to her house to play holi; that at around 10.00 p.m. when she was playing holi in her pada, 3 accused including the appellant dragged her to the river, which was approximately 10 minutes walking distance; that the appellant raped her at the said spot; that thereafter, the appellant held her; that in the morning she removed the appellant's hand and returned home, af