ARMOGAM MUNNASWAMI KOUNDER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is being re -heard by us, pursuant to the order dated 24th January, 2013 passed by the Supreme Court in Criminal Appeal No. 1629 of 2007, which was preferred by the State of Maharashtra against the judgment of acquittal dated 7th September, 2006, passed by this Court. The Supreme Court vide order dated 24th January, 2013 in Criminal Appeal No. 1629 of 2007, was pleased to set aside the judgment dated 7th September, 2006, passed by this Court, ac - quitting the appellant and was pleased to remit the matter back for fresh hearing and decision in accordance with law. In view of the afore -stated, we have taken up this Appeal preferred by the appellant for hearing, wherein the appellant has challenged the judgment and Order dated 19th April, 2000 passed by the trial Court, convicting him for the offences punishable under 364, 376(2)(f), 302 and 201 of the Indian Penal Code and under section 57 of the Bombay Children Act, 1948. The appellant was found guilty of the offences punishable; under section 364 of the Indian Penal Code and sentenced to suffer R.I. for 10 years with a fine of Rs. 5,000/ -, in default, R.I. for one year; under section 376(2)(f) and sentenced to suffer life imprisonment and to pay a fine of Rs. 5,000/ -, in default, R.I. for one year; under section 302 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay a fine of Rs. 5,000/ -, in default, R.I. for one year; and under section 201 of the Indian Penal Code, the appellant was sentenced to suffer R.I. for two years and to pay a fine of Rs. 1,000/ -, in default. R.I. for two months. The appellant was also convicted and sentenced for the offence punishable under section 57 of the Bombay Children Act, 1948 and sentenced to suffer R.I. for two years. All the afore -stated sentences were directed to run concurrently.

(2.) THE facts in brief as are necessary for deciding the said appeal are as follows: - -

(3.) THE prosecution in support of its case examined 11 witnesses. The appellant contended that he was innocent and had been falsely implicated in the said case. The trial Court after considering the evidence on record adduced by the prosecution, convicted the appellant for the offences punishable under sections 364, 376(2)(f), 302 and 201 of the Indian Penal Code and under section 57 of the Bombay Children Act, 1948 vide judgment and Order dated 19th April, 2000 and sentenced them to imprisonment as afore -stated in para. 2.