BALAM @ ANKUSH ANIL CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order delivered by the Additional Sessions Judge, Pune in Sessions Case No.241 of 2011, whereby the learned Additional Sessions Judge convicted the appellant who was the accused no.2 in the said case, of an offence punishable under Section 376 of the Indian Penal Code and sentenced him to suffer R.I. for ten years and also to pay a fine of Rs.10,000/- (Rupees Ten Thousand). There was another accused the accused no.1 Manoj Raju Atole in the said case, but the learned Additional Sessions Judge acquitted him.

(2.) I have heard Mr.Daulat G. Khamkar, the learned counsel for the applicant, and Mr.Deepak Thakre, learned A.P.P. for the respondent State of Maharashtra. With their assistance, I have gone through the evidence adduced during trial and impugned judgment of conviction.

(3.) Though a number of contentions have been raised by Mr.Khamkar, the learned counsel for the appellant, in the course of arguments, the learned counsel submitted that he would not seriously challenge conviction of the applicant in view of the fact that the evidence indicates the victim to be of less than 16 years at the time of the incident. He, however, submitted that in the facts and circumstances of the case, the Appeal should primarily be considered for reduction of the sentence imposed upon the applicant by the trial Court, which, is according to him, is rather harsh.