RAKESH CHARANDAS LONBALE Vs. STATE OF MAHA., THR. P.S.O.
LAWS(BOM)-2017-6-19
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on June 07,2017

Rakesh Charandas Lonbale Appellant
VERSUS
State Of Maha., Thr. P.S.O. Respondents

JUDGEMENT

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 proceedings.
(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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