KANHYALAL GANESH FARADIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocates for the parties.

(2.) THESE two appeals seek quashing of judgment and order passed by the Extra Joint District Judge and Additional Sessions Judge, Nagpur, on 19-5-2000 in Sessions Trial No. 48 of 1998. By the impugned judgment and order, the appellant in Criminal Appeal No. 143 of 2000 (original accused No. 1) as well as the appellant in Criminal Appeal No. 212 of 2000 (original accused No. 2) are held guilty for the offence punishable under sections 363 and 366 read with section 34 of the Indian Penal Code. In addition, accused No. 1 is also convicted for an offence under section 366 of the I. P. C. No separate sentence has been awarded under section 363 of the I. P. C. For the offence under section 366 read with section 34 of I. P. C. , accused No. 1 Kanhyalal Ganesh Faradiya has been sentenced to suffer 3 years rigorous imprisonment and to pay fine of Rs. 1,000/- in default to suffer three months rigorous imprisonment. For the same offence punishable under section 366 read with section 34 of I. P. C. , accused No. 2 has been sentenced to suffer one years simple imprisonment and to pay fine of Rs. 1,000/- in default to suffer one months simple imprisonment. For the offence under section 376 of I. P. C. , accused No. 1 is sentenced to suffer seven years rigorous imprisonment and to pay fine of Rs. 1,000/- in default to suffer three years rigorous imprisonment.

(3.) THE prosecution case as emerges from the deposition of the prosecutrix P. W. 2 Sarita Parse, is as under: