SHAKUNTALA SUNDER SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein are convicted for offence punishable under Section 368 read with Section 34 of the Indian Penal Code and each of them is sentenced to suffer R.I. for seven years and fine in the sum of Rs. 2000/ payable by each of them, i.d. to suffer R.I. for two months. The appellants are further convicted for offence punishable under Section 3 of the Immoral Traffic (Prevention) Act, 1956 and sentenced to suffer R.I. for one year and fine in the sum of Rs.1000/ payable by each of them i.d. to suffer further R.I. for one month. The appellants are further convicted for offence punishable under Section 4 of the Immoral Traffic (Prevention) Act, 1956 and sentenced to suffer R.I. for one year and fine in the sum of Rs. 1000/ payable by each of them, i.d. to suffer further R.I. for one month. The appellants are further convicted for offence punishable under Section 5 of the Immoral Traffic (Prevention) Act, 1956 and sentenced to suffer R.I. for 3 years and fine in the sum of Rs. 2000/ payable by each of them i.d. to suffer further R.I. for two months. The appellants herein are further convicted for offence punishable under Section 6 of the Immoral Traffic (Prevention) Act, 1956 and sentenced to suffer R.I. for seven years and fine in the sum of Rs. 2000/ payable by each of them i.d. to suffer further R.I. for two months. The appellants are also convicted for offence punishable under Section 7 of the Immoral Traffic (Prevention) Act, 1956 and sentenced to suffer R.I. for 3 months by the Additional Sessions Judge, City Civil & Sessions Court, Gr. Mumbai in Sessions Case No. 607 of 2011 vide Judgment and Order dated 23rd October, 2012. Being aggrieved by the said Judgment and Order, the appellants have filed this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows :

(3.) P.W.1 Anacleto Fernandis is the panch witness who had accompanied the complainant. He had deposed before the Court that he was summoned by P.I. Surve. He has proved the contents of the panchanama at Exh. 11. In the crossexamination P.W. 1 has specifically admitted that he earns his livelihood by doing social work.