LAWS(BOM)-2018-1-305

MUKESH SON OF TULSHIRAM MADAVI Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION, LAHERI, TAHSIL EETAPALLI, DISTRICT GADCHIROLI

Decided On January 10, 2018
Mukesh Son Of Tulshiram Madavi Appellant
V/S
State Of Maharashtra, Through Police Station, Laheri, Tahsil Eetapalli, District Gadchiroli Respondents

JUDGEMENT

(1.) This appeal questions legality and correctness of the judgment and order dated 7th April 2016 rendered in Sessions Trial No. 118 of 2013 convicting the appellant for the offences punishable under Section 454 of the Indian Penal Code and Section 6 read with Section 5 (c) of the Protection of Children from Sexual Offences Act, 2012. Appellant has been sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/, in default, to suffer further RI for three months, on the first count. On second count, he has been directed to suffer rigorous imprisonment for fifteen years and to pay a fine of Rs. 1000/, in default, to suffer further RI for one year. Appellant has also been convicted for an offence punishable under Section 376 (2) (1) of the Indian Penal Code, but no separate jail sentence is inflicted upon the appellant for the same.

(2.) This is a case wherein the facts disclose poignant story of a helpless child and her mother. This child, according to prosecution story, was made an object of untrammelled lust of the accused. The prosecution story goes as under:

(3.) I have heard Ms S.P. Kulkarni, learned counsel (appointed) for the appellant and Ms Ritu Kaliya, learned Additional Public Prosecutor for the respondentState. I have carefully gone through record of the case including the impugned judgment and order.