SHIVAJI SAHEBRAO PATOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by the accused person who is convicted of offences punishable under sections 376(1), 363. 392, 323, 506, 363 read with 511 and 292 of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 1,000/- for offence punishable under section 376(1) of the I.P.C.. He is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.500/- for each offence punishable under sections 363 & 392 of the I.P.C. He is further sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.200/- for offence punishable under section 323 of the I.P.C. For offence punishable under section 506 of the I.P.C, he is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.500/-. For offence punishable under section 363 read with section 511 of the I.P.C. he is sentenced to suffer rigorous imprisonment for three years and to pay fine-of Rs.500/- and for offence punishable under section 292, he is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.500/-. All substantive sentences are to run concurrently. It is this order, passed by the Assistant Sessions Judge-4, Aurangabad, in Sessions Case No.211 of 2007, decided on 22.09.2008, which is challenged in this appeal.

(2.) Briefly stated facts giving rise to this appeal may be stated as below :-

(3.) It was found that on same night between 14th-15th May, 2007, one person had tried to lift and take away P.W.4-Bhuri Pimpale, who was 10 years old girl, residing in Vishranti Nagar area of Aurangabad. P.W.l-Babybai was resident of Ganesh Nagar. On that night P.W.4-Bhuri was sleeping with her parents and her younger brother on the platform of their house. At about 1.00 a.m. one strong and well-built person came, lifted P.W.4-Bhuri and was carrying her away, but suddenly P.W.4-Bhuri caught hold of waist of her mother. P.W.5-Borabai got up and both of them saw the person, who was taking away Bhuri. So, Bhuri was left, but that person ran away.