DATTA DIGAMBAR INGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The victim in the instant case is three years old girl, who was subjected to unnatural act by the applicant. The applicant was, therefore prosecuted for commission of offence punishable under Sec. 377 of the Indian Penal Code and after considering the evidence and material on record, Judicial Magistrate, First Class, Sangrampur in Regular Criminal Case No.131/2009 convicted the applicant for the commission of offence punishable under Sec. 377 of the Indian Penal Code and directed him to undergo rigorous imprisonment for 3 years and to pay fine of Rs.15,000.00. The default sentence was also imposed upon the accused. Part of the fine amount was directed to be paid to the victim as a compensation.

(2.) Being aggrieved, the applicant preferred the appeal which also met the same fate. Now, the revisional jurisdiction is invoked by the applicant on the ground that there are perverse findings and evidence was not enough to support the charge.

(3.) I have heard Shri Aniket Sawal, learned counsel for the applicant, Shri N. R. Patil, learned APP for Non-applicant No.1 and Shri Chakravarti, learned counsel for Non-applicant No.2.