PRAVIN NAVNATH MUTKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Revision is filed against the judgment and order of conviction, passed by the Judicial Magistrate, First Class, Jamkhed, dated 13.5.1998 in R.T.C. No. 36 of 1996, by which the learned Magistrate was pleased to convict the present applicant for the offence punishable under Section 385 of the Indian Penal Code and he was directed to suffer Simple Imprisonment for one year. The learned Magistrate also convicted the applicant for the offence punishable under Section 387 of the Indian Penal Code and on that count also he was directed to suffer Simple Imprisonment for one year and to pay a fine of Rs.500/ , and in default he was directed to suffer Simple Imprisonment for one month. The learned Magistrate directed that both the sentences shall run concurrently.

(2.) Rule was issued in the present Revision on 19.12.2000 and pending final disposal of the Revision, the substantive jail sentence of the applicant was suspended and the applicant was released on bail.

(3.) At the time of final hearing, learned counsel for the applicant pointed out that the present applicant is convicted only on the basis of suspicion. According to him, there is no legal and admissible evidence connecting him in the present crime. According to him, there is no iota of evidence against the present applicant. He submitted that in view of the authoritative pronouncement of Hon'ble Apex Court, in the case of Sujit Biswas vs State of Assam, reported in AIR 2013 SC 3817, the applicant needs to be acquitted at once.