BALRAJ LALU BIRKURE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Criminal Revision Application is directed against the Judgment and Order dated 22nd May, 2000 passed by the Judicial Magistrate, F.C., Bhokar in R.C.C.No.17/2000, by which the learned Magistrate convicted the applicant for the offence punishable under Section 332 of the Indian Penal Code and directed him to suffer Simple Imprisonment till rising of the court and to pay fine of Rs. 500/- and in default of payment of fine to suffer Simple Imprisonment for eight days. He was also convicted for the offence punishable under Section 353 of the Indian Penal Code and was directed to suffer Simple Imprisonment till rising of the court and to pay fine of Rs. 300/- and in default of payment of G.A. Ghule [P.A.] fine amount, to suffer further Simple Imprisonment for five days, together with Judgment and Order dated 3rd October, 2002 passed by the learned Sessions Judge, Nanded in Criminal Appeal No.40 Of 2002 whereby, the lower appellate court was pleased to dismiss the Criminal Appeal and confirmed the order of conviction passed by the learned Magistrate.

(2.) I have heard Mr. Nikhil Tekaley, learned counsel for the Applicant and Mr. V.P. Kadam, learned Additional Public Prosecutor for the State of Maharashtra, in extenso. With their able assistance, I have gone through the Record & Proceedings.

(3.) The prosecution case can be narrated herein-under :-