SHYAM JIVAN MEDHKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has preferred this Appeal challenging the judgment and order dtd. 7/7/2017 passed by the Additional Sessions Judge, Kalyan in Sessions Case No.193/2013. The Appellant was convicted for commission of the offence punishable under Sec. 376 read with Ss. 511, 354, 504, 506 of IPC. This order was in the first clause of the operative part. In the second clause, it was recorded that the Appellant was convicted for the offence punishable under Sec. 376 read with 511 of IPC and he was sentenced to suffer life imprisonment and to pay a fine of Rs.5,000.00 and in default to suffer S.I. for six months. The Appellant was also convicted for commission of the offence punishable under Sec. 354 of IPC and was sentenced to suffer S.I. for three years and to pay a fine of Rs.5,000.00 and in default to suffer S.I. for three months. The Appellant was further convicted for commission of the offence punishable under Sec. 504 of IPC and was sentenced to suffer SI for one year and to pay a fine of Rs.1,000.00 and in default to suffer S.I. for one month. He was also convicted for the offence punishable under Sec. 506 of IPC and was sentenced to suffer S.I. for one year and to pay a fine of Rs.1,000.00 and in default to suffer S.I. for one month. All the sentences were directed to run concurrently. Set off under Sec. 428 of Cr.P.C. was granted to him.

(2.) Heard Mr. Pramod Kathane, learned counsel for the Appellant and Ms. Kranti Hiwrale, learned APP for the RespondentState.

(3.) Though the Appellant was specifically convicted under Sec. 376 read with Sec. 511 of IPC., the charges were framed under different headings. The first heading was under Sec. 376 read with Sec. 511 of IPC; and the last heading was under Sec. 376 of IPC only. Thus two separate charges, (i) attempt to commit rape and (ii) the specific charge of actual commission of rape, were framed. The operative part of the judgment and order mentions Sec. 376 read with Sec. 511 of IPC. However, in the previous discussion; and in particular in paragraph No.30, the learned Judge had clearly observed that the accused had committed rape. Therefore, it is obvious that the judgment is not clearly worded; but if the entire judgment is read; it is more than clear that the learned Judge has convicted the Appellant for commission of the offence of rape i.e. the offence punishable under Sec. 376 of IPC.