STATE OF MAHARASHTRA Vs. ARUN GOPALRAO VERULKAR

JUDGEMENT

(1.) This Criminal Appeal under Section 377(1) of the Code of Criminal Procedure is filed by the State Government for enhancement of punishment imposed upon the respondent under Section 376 of the Indian Penal Code. The respondent Arun Gopalrao Verulkar has been found guilty of offence punishable under Section 376 of Indian Penal Code and has been sentenced to suffer Simple Imprisonment for three years and to pay fine of Rs.25,000/ or in default to undergo S.I. for one year. He is also convicted of an offence punishable under Section 506 of Indian Penal Code and sentenced to suffer S.I. for six months and to pay fine of Rs.1,000/ or in default suffer S.I. for three months. He is also punished under Section 342 of Indian Penal Code with similar imprisonment and fine. Fine of Rs.21,000/ received from him is made payable to the victim under Section 357(3) of Code of Criminal Procedure.

(2.) The accused was in jail since 25.11.2009 till the date of judgment i.e. 24.08.2011 and thereafter continued in jail till he was released on completing the sentence in May 2013. This appeal came up for hearing on 27.04.2015 and at that time this Court found that there was no progress nor implement ion of action under Section 390 of Code of Criminal Procedure. Hence, it issued nonbailable warrant and made it returnable on 27.04.2015. The respondent was then produced on said day and after noticing that minimum Rigorous Imprisonment prescribed under Section 376(1) was seven years and prima facie the reasons recorded by the trial court were not adequate & special reasons to reduce its quantum, this Court due to paucity of time, adjourned appeal for final hearing. The respondent on that day had requested for legal assistance and accordingly directions were issued. He was directed to be produced before this Court on 22.06.2015 i.e. the adjourned date.

(3.) In obedience of this order, he was produced in the second half on 22.06.2015 and the matter was then taken up for final hearing. Hearing continued till today i.e. 23.06.2015.