JUDGMENT

Dr. Shalini Phansalkar-Joshi, J.—Criminal Appeal No.324 of 2007 is preferred by the Original Accused, who stands convicted by the Judgment and Order dated 5th March 2007 of Additional Sessions Judge, Pune, in Sessions Case No.308 of 2005 for the offence punishable under Section 307 of IPC and sentenced to suffer R.I. for seven years and to pay fine of Rs.2,000/-, in default to suffer S.I. for two months, challenging his conviction and sentence. Whereas, Criminal Appeal No.686 of 2007 is preferred by the State seeking enhancement of sentence of the Appellant. Thus, as both these Appeals are arising out of one and same Judgment of the Trial Court, they are being decided by this common Judgment.

2. Brief facts of the Appeals can be stated as follows :-

PW-1 Neha Malviy, at the time of incident in the year 2005, was serving at Info-sys Company in Kalyani Nagar as Customer Care Associate. Prior to that, she was serving on the same post at Wipro Spectromat. At that time, her Company had provided Indica Car for commuting facility. Appellant herein was working as Driver on the said Indica Car. Hence, she was knowing him. He used to create intimacy and friendship with her, which wa