SHAIKH MAHEMOOD SK. OSMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellantoriginal Accused No.1 Shaikh Mahemood has filed this Appeal against the Judgment of conviction and order passed by IVth Additional Sessions Judge, Aurangabad in Sessions Case No.35 of 1997. Vide the Judgment dated 29th February 2000, the AppellantAccused No.1 (hereinafter referred as "Accused") has been convicted to suffer rigorous imprisonment for ten years under Section 366 of the Indian Penal Code, 1860 (for short "I.P.C."). He has also been convicted under Section 365 and 376 of I.P.C. but no separate sentence has been passed for those offences. Along with AppellantAccused, one Shaikh Amin @ Shaikh Raju (Accused No.2) and Bibibegum w/o Yusuf Pathan (Accused No.3) were also prosecuted but those Accused Nos. 2 and 3 have been acquitted of the charges which were levelled against them.

(2.) In brief the case of prosecution is : . Accused Shaikh Mahemood and the Accused No.2 Shaikh Raju were managing a brick kiln at Kagzipura. Complainant Parasram was residing at Kesapuri Tanda, TqKhultabad, DistAurangabad and was working as a labourer. His 13 year old daughter (referred in this Judgment as victim "M") along with his brother Laxman used to work on brick kiln which was owned by the brother of Accused Shaikh Mahemood and which was being managed by Shaikh Mahemood.

(3.) Before the Sessions Court, prosecution brought on record evidence of eight witnesses and other documentary evidence. The Sessions Judge considered the oral and documentary evidence and has convicted the Accused as mentioned above.