SANTOSH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant along with four others was prosecuted for offences punishable under Sec. 395 read with Sec. 397 of the Indian Penal Code. It was the Sessions Case No.4/2017. Learned Additional Sessions Judge-2, Kopargaon, vide judgment and order dtd. 26/7/2019, convicted the appellant for the offence punishable under Sec. 395 of the Indian Penal Code and, therefore, sentenced him to suffer rigorous imprisonment for ten years with a direction to pay a fine of Rs.10,000.00. In default of payment of fine, he was directed to suffer rigorous imprisonment for one year. The others prosecuted along with the appellant came to be acquitted. The State has not preferred appeal from acquittal. The appellant has been behind the bars since 11/12/2015 till date. The trial Court has granted him set off in terms of Sec. 428 of the Code of Criminal Procedure.

(2.) Facts giving rise to the present appeal are as follows :-

(3.) It is the case of the prosecution that, while the offence was being committed, the handkerchief on the face of one of the culprits slipped below the chin. The informant and his wife identified that person as the appellant herein. After the culprits made their escape good, F.I.R. (Exh.15) was lodged by P.W.1 Sunil at 8.30 Hrs. in the morning. Crime vide C.R. No.130/2015 came to be registered at Shrirampur Police Station for the offence punishable under Sec. 395 of the Indian Penal Code.