DATTATRAYA RAMCHANDRA SUTAR (PAWAR) Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/convicted accused is challenging the judgment and order dated 16th September 2010 passed by the learned Adhoc Additional Sessions Judge 1, Sangli, in Special Case No. 6 of 2010 thereby convicting him of offences punishable under Section 377 of the Indian Penal Code (IPC) and under Section 3(1)(iii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for the sake of brevity S.C.S.T. Act). For the offence punishable under Section 377 of the IPC, the appellant/accused is sentenced to suffer rigorous imprisonment of 3 years apart from directing him to pay fine of Rs. 2,000/and in default to undergo further rigorous imprisonment for 6 months. For the offence punishable under Section 3(1)(iii) of the S.C./S.T. Act, the appellant/accused is sentenced to suffer rigorous imprisonment of 6 months, in addition to payment of fine of Rs. 1,000/and in default directing him to undergo further rigorous imprisonment for 3 months.

(2.) Brief facts leading to the prosecution of the appellant/accused projected from police report are thus :

(3.) The appellant/accused was released on bail during pendency of the appeal. It is seen that by order dated 18th March 2016 (Coram : Smt. S.S. Jadhav, J.) directed issuance of non-bailable warrant and that is how the appellant/accused came to be arrested and is undergoing the jail sentence. The appeal is, therefore, taken up for hearing as the appellant/accused has undergone substantial part of the short sentence imposed upon him by the learned trial court.