MAHANAND NAIK Vs. STATE

JUDGEMENT

(1.) Heard Mr. Naik, learned Counsel appearing on behalf of the appellant and Mr. Amonkar, learned Additional Public Prosecutor (A.P.P.) on behalf of the State.

(2.) By impugned Judgment dated 30/06/2011, the appellant has been convicted by the Court of Session, North Goa Panaji in Session Case No. 48 of 2009 for the offenses punishable under Sections 364, 302, 392 and 201 of the Indian Penal Code (I.P.C.). In respect of the offence under Section 364 of I.P.C. the appellant has been sentenced to undergo rigorous imprisonment for a period of 3 years and to pay the fine of Rs. 10,000/- in default to undergo imprisonment for two months. With regard to the offence under Section 302 of I.P.C., the sentence is to undergo imprisonment for life and to pay the fine of Rs. 50,000/- in default to undergo imprisonment for a term of one year. For the offence under Section 392 of I.P.C. punishment imposed upon the appellant is to undergo imprisonment for a term of five years and to pay the fine of Rs. 50,000/- in default, to undergo imprisonment for one year. Lastly, the appellant has been sentenced to undergo rigorous imprisonment for a term of five years and to pay fine of Rs. 20,000/- in default, to undergo imprisonment for a period of six months for the offence punishable under Section 201 of I.P.C.

(3.) The appellant and one Shri Ulhas Rivonkar were chargesheeted by Ponda Police for offences punishable under Sections 364, 302, 392, 201 and 411 of I.P.C., under allegation that the accused no.1 (the appellant) had induced the victim girl namely Miss Vasanti Gaude under the false pretext of marrying her, abducted her on 11/09/1995 at about 11.00 hours and had taken her to a jungle at Bethoda, strangulated her to death with the help her dupatta and robbed her of her gold ornaments. It was further the case of prosecution that the accused had fled away from the spot with the gold ornaments by abandoning her body at the spot and thereafter sold her ornaments to the accused no. 2 who had received the said stolen property.