ANIL BALU KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant and one Prakash Kambale were convicted of offences punishable under Sec. 376 of the Penal Code and Section 506 of the Penal Code by the Additional Sessions Judge, Khed. They were sentenced to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs. 5,000.00 each, with respect of the offence punishable under Sec. 376 of the IPC, and to suffer Rigorous Imprisonment for 1 year and to pay a fine of Rs. 2,000.00 each, with respect to the offence punishable under Sec. 506 of the IPC. Being aggrieved by the order of conviction and the sentences imposed upon him, the appellant has preferred the present appeal.

(2.) The co-accused Prakash Kambale, who was also convicted as aforesaid, had preferred a separate appeal, being Criminal Appeal No.1099 of 2013, before this court, which was allowed by an order dated 23rd Jan. 2015 (Coram : Smt. I.K. Jain, J.) and the said Prakash Kambale was acquitted of the said offences. This court held that it was unsafe to rely on the prosecution evidence to hold the said co-accused guilty.

(3.) Shri Abhaykumar Apte, the learned counsel for the appellant, submitted that the case of the present appellant is on par with that of the said Prakash Kambale, and that the nature of evidence against the present appellant is in no way different from that against the said Prakash Kambale. The learned APP, on examination of the record, conceded that the case of the present appellant is on par with that of the said Prakash Kambale, who was acquitted, on appeal, as aforesaid.