THE STATE OF MAHARASHTRA Vs. AJAY RAGHURAM GALAT

JUDGEMENT

(1.) BEING aggrieved by judgment and order dated 26.07.2002 passed by 4th Judicial Magistrate First Class, Akola in Regular Criminal Case No. 812/2001, recording an order of acquittal of respondent -Ajay of offences punishable under Section 353 and 332 of the Indian penal Code, the instant appeal against acquittal was filed by the State of Maharashtra.

(2.) ON 22.12.2000 at about 06.15 p.m. at Central Jail, Akola, respondent -accused assaulted the Jailer and other staff of jail while they were discharging their official duties and were conducting search operation of the prisoners. FIR was lodged by Jailor PW3 -Swati Sathe on the same day with City Kotwali Police Station, Akola, and Crime No. 252/2000 was registered against the respondent -accused. The police completed investigation and filed charge -sheet on 29.07.2001. The respondent was charged for offences punishable under Sections 353 and 332 of the IPC and since he denied the charge, the trial was held. The trial Judge acquitted the respondent -accused. Hence this appeal.

(3.) THE respondent -accused was served with a notice when the appeal was admitted by this Court on 19.12.2002 and action under Section 390 of the Cr. P. C. was also ordered. Though served, he did not appear before this Court. After about 13 years, the appeal came up for hearing before the Court on 06.04.2015 when, due to non appearance of the respondent, this Court issued bailable warrant against the respondent in the sum of Rs. 10,000/ -. The report dated 03.06.2015 shows that bailable warrant was received back by the office, duly executed. He did not appear. On 01.07.2015, this Court issued non bailable warrant for his arrest. However, the report has been received that attempt to find him out have not proved successful and neither father of the respondent nor others are ready to give address of the respondent. Now, since the respondent was already served in the year 2002 when the appeal was admitted and again bailable warrant was also served, this Court decided to appoint an Advocate for the respondent and acc ingly Mrs. Pranita Chobe, Advocate was appointed for the respondent. The learned appointed counsel was furnished all the copies of the documents and was asked to remain present for final hearing. On 13.07.2015, the appeal was called out for hearing. However, counsel for the appellant remained absent. Therefore, the appeal was adjourned to 14.07.2015 as part heard. On 14.07.2015, the appointed counsel appeared and argued the appeal for the respondent. This Court having held the respondent guilty, the learned appointed counsel for the respondent was asked to argue the appeal on the question of sentence. Accordingly, she prayed for leniency while awarding the sentence. In that view of the matter, now I proceed to deal with the appeal as under.