BERNARD ALIAS BHENDO CARDOZ Vs. STATE OF BOMBAY

JUDGEMENT

(1.) THIS appeal is by accused no. 2/bernard alias Bhendo Cardoz in sessions Case No. 11/2002 who has been convicted and sentenced under Section 392 r/w 397 I. P. C. by the learned Additional Sessions Judge, Margao by his Judgment/order dated 27-7-2005.

(2.) SOME facts are required to be stated to dispose of the present appeal.

(3.) AFTER PW9/ Babu Bandekar had filed his complaint, the case was investigated by PW32/psi Manjunath Dessai and five accused were sent for trial. To start in reverse order, A-5/pascoal Estibeiro has been acquitted by the trial Court under Section 411 I. P. C. for which earlier charge was ordered to be framed against him. A-4/justin D'cunha was discharged by the Court of Sessions by Order dated 4-9-2002 which order was upheld by this Court, by Order dated 20-6-2003. A-3/carlos Cardozo was also convicted by the same Judgment but absconded before he could be heard on the point of sentence. A-1/alex Fernandes was also convicted and sentenced but by Order dated 23-2-2007 his conviction and sentence was set aside by this Court for want of jurisdiction to try him, as he was a juvenile in terms of the Juvenile Justice (Care and Protection of Children) Act, 2000.