RAJAN KANNAN PADIYACHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is filed by accused No.1 against the Judgment and Order passed by the Ist Ad-hoc Additional Sessions Judge, Kalyan dated October 8, 2003 in Sessions Case No.159 of 1997. The Appellant/accused No.1 along with two other accused were charge-sheeted and tried for offence punishable under Sections 363 and 366 read with Section 34 of the Indian Penal Code (herinafter referred to as the 'IPC') as well as for offence punishable under Section 376 of the IPC. The prosecution case briefly stated is as follows :

(2.) On the basis of the above allegations, offence came to be registered against the Appellant and two other accused punishable under Sections 363, 366 read with Section 34 and Section 376 of the IPC against Appellant/accused No.1. The matter was investigated. On completion of investigation, charge-sheet was filed. The matter was committed to Court of Sessions Judge, Kalyan at Kalyan. That Court framed charge against the accused, which reads thus : <p>"C H A R G E I, R.S.Shrotriya, I Ad hoc Additional Sessions Judge, Kalyan do hereby charge you:- 1. Rajan Kannan Padiyachi, Aged about 32 years, R/at.N.R.C. colony, G.N.9/193, Mohane, Tal.Kalyan, Dist.Thane. 2. Bhima Namdeo Gaikwad, Aged about 26 years, R/at R.S. Jatwan Nagar, Mohane, Tal. Kalyan, Dist.Thane. 3. Jitu @ Jitendra Gulab Sonawane, Aged about 28 years, R/at. OPP.Kartik Mandir, R.S. Jatwan Nagar, Mohane, Tal.Kalyan, Dist.Thane.

(3.) The accused pleaded not guilty. Accordingly, after proceeding with the trial, on scrutiny of the evidence which had come on record, the Trial Court proceeded to record finding of guilt against the Appellant/accused No.1 only for offence punishable under Sections 363, 366 and Section 376 of the IPC. The Trial Court proceeded to acquit the co-accused Nos.2 and 3. The operative order passed by the Trial Court, which Judgment and Order is impugned in this Appeal, reads thus :