SATISH RAMJI CHAURASIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner-Satish Ramji Chaurasiya was found guilty of committing the offence of rape punishable under Sec. 376 of the Indian Penal Code (for short, 'IPC') and on conviction, he was sentenced to suffer Rigorous Imprisonment (R.I.) for life and to pay fine of Rs.5,000.00, in default to undergo further imprisonment for four months by the Additional Sessions Judge, Vasai, who tried him in Sessions Case No.242 of 2007.

(2.) The Petitioner was arrested in the crime registered against him on 09/08/2006 and it is his case that he has completed 15 years 8 months and 23 days of actual imprisonment and has earned remission of 4 years 1 month and 5 days.

(3.) In the wake of the aforesaid period of imprisonment undergone, the Petitioner being desirous of availing the benefit of the guidelines for premature release formulated by the Government of Maharashtra through Home Department in exercise of power conferred under Sec. 432 of the Code of Criminal Procedure, 1973 (for short, 'Code of 1973'), initiated the process for premature release and this was placed for consideration before the State Government, but the relief of premature release was refused to him on 11/11/2020, when the Home Department of the State Government, declined to extend the benefit of premature release policy to him, by considering the heinousness of the offence committed by him, as he was found guilty of sexually assaulting his own 14 year old daughter, by threatening her not to disclose about the incident to any person and by impregnating her.