ROHIDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal has been filed by the appellantsoriginal accused Nos.1 and 2 against their conviction under sections 363 and 366 read with Section 34 of the Indian Penal Code, 1860 (IPC in short). Each of them has been sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.500/- each and in default, to suffer rigorous imprisonment for one month. Being aggrieved, the present appeal has been filed.

(2.) Case of the prosecution in brief is as under :

(3.) The charge sheet was filed in the Court of Judicial Magistrate, First Class, Kandhar and the offence being Sessions triable, the matter was committed to the Court of Sessions. Charge was framed against both the accused under Sections 363 and 366 read with Section 34 of the Indian Penal Code. Additional charge was framed under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Prosecution brought on record evidence of 11 witnesses. The defence of the accused is of denial. Looking to the suggestions made to the witnesses, it is suggested that her uncle was residing at Dombivali in Mumbai and she on her own went to the place of her uncle and while she was returning back, she happened to see accused No.2 Vilas in the train and thus, false case is filed. It is claimed that, accused No.1 Rohidas was working with one Umrao and the buffaloes of P.W.5 Venkati, the uncle of victim had gone in the field of Umrao and accused No.1 had quarrelled with P.W.5 Venkati and so, false case has been filed.