SUNIL ATMARAM MORE Vs. STATE

JUDGEMENT

(1.) Both these appeals arise out of the judgment and order of conviction and sentence dated 3/4/2006 passed by the Additional Sessions Judge, Greater Mumbai, in Sessions Case No.563 of 2005, whereby the accused was convicted for the offences punishable under sections 342, 506(II), 376(2)(a) & (b) of the Indian Penal Code and was sentenced as under: (i) for the offence punishable under section 342 of I.P.C. he was sentenced to suffer R.I. for 3 months and to pay fine of Rs.500/- i.d. to suffer imprisonment for 15 days; (ii) for the offence punishable under section 506(II) of I.P.C. he was sentenced to suffer R.I. for 6 months and to pay fine of Rs.1000/- i.d. to suffer further imprisonment for 30 days; (iii) for the offence punishable under section 376(2)(a) and (b) of I.P.C., he was sentenced to suffer R.I. for a period of 12 years and to pay fine of Rs. 25,000/- i.d. to suffer further imprisonment for a period of one year; however, he was acquitted of the charge of an offence punishable under section 85(i) (b) of Bombay Prohibition Act, 1949.

(2.) Aggrieved by the judgment and order of conviction and sentence, the accused-appellant has filed criminal appeal no. 485 of 2006, and aggrieved by the judgment of acquittal of the accused under section 85(i)(b) of the Bombay Prohibition Act, and for enhancement of sentence imposed under section 376(2)(a) and (b) of I.P.C., the State has filed Criminal appeal no.512 of 2006.

(3.) Briefly stated, the prosecution case as disclosed from the FIR and unfolded during the trial is as under: