RAKESH CHARANDAS LONBALE Vs. STATE OF MAHA., THR. P.S.O.
HIGH COURT OF BOMBAY (AT: NAGPUR)
Rakesh Charandas Lonbale
State Of Maha., Thr. P.S.O.
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V.M.DESHPANDE, J. -
(1.) The present appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Chandrapur in Sessions Case No.108/2003 on 10.04.2015. By the said
judgment and order of conviction, the appellant is convicted for an offence punishable under
Section 376 of the Indian Penal Code and is directed to suffer rigorous imprisonment for 10 years
and to pay a fine of Rs.2,000/- in default to suffer further rigorous imprisonment of on year. The
appellant is also convicted for an offence punishable under Sections 3 and 4 of the
POCSO Act and no separate order of sentence was passed by the court below. The appellant is also
convicted for the offence punishable under Section 343 of the IPC and on that count he is sentenced
to suffer six month's rigorous imprisonment and to pay a fine of Rs.500/- and in default further
rigorous imprisonment for 15 days. Though the appellant was charged for the offence punishable
under Section 506 of the IPC, he was acquitted of the said charge.
(2.) I have heard Mr. Rahul Hajare, learned counsel who was appointed by the Legal Aid Committee to represent the appellant since he was unable to engage a counsel. The State is represented by Mr.
R. S. Nayak, learned A.P.P. With their able assistance, I have gone through the record and
(3.) The prosecutrix in this case will be referred to as "K" so as to hide her identity. The FIR is lodged by "K" herself on 08.06.2013 in Police Station Chandrapur (City). The oral report is available on
record at Exh.-10. The said report was reduced into writing by Rahul Jadhav (PW7) PSI, who was
the Day Officer. He registered an offence vide Crime No.104/2013 for the offence
punishable under Section 354 (A) (1) (I), 323, 342 and 506 of the IPC;
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