LAWS(BOM)-2008-1-30

ANIL CHOTULAL SHARMA Vs. STATE OF MAHARASHTRA

Decided On January 08, 2008
ANIL CHOTULAL SHARMA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Both appeals referred to above are being disposed of together in as much as they arise out of same judgement. By the impugned judgement, both the appellants have been convicted for offence punishable under section 363 read with section 34 of the I. P. Code and are sentenced to suffer rigorous imprisonment for five years and to pay fine of rs. 1000/-, in default to suffer rigorous imprisonment for one (1) month. In addition, appellant Dhanraj @ Dhananjay is further convicted for offence punishable under section 354 of the I. P. Code and is sentenced to suffer rigorous imprisonment for one year and to pay fine of rs. 500/-, in default to suffer rigorous imprisonment for 15 days.

(2.) The appellants were tried before learned additional Sessions Judge, Aurangabad, in sessions Case No. 55 of 2006.

(3.) The prosecution case, in brief, is that prosecutrix is a young girl, who hails from u. S. A. and had come to Aurangabad for her education under International Youth Exchange Programme, run by Rotary Club. She used to stay with her local guardian. In the noon of 4th February, 2006, she was going by road between Trimurti Chowk to gajanan Maharaj Temple. While she was walking along side of the road, all of a sudden an auto-rickshaw vehicle came from behind and stopped near her. Appellant anil (orig. accused No. 1) was driver of the auto-rickshaw. Appellant Dhanraj @ dhananjay (orig. accused No. 2) was sitting on its rear seat. All of a sudden, appellant Dhanraj @ Dhananjay caught hold of the prosecutrix and pulled her inside the auto-rickshaw which started speeding away. She attempted to wriggle out herself. Appellant Dhanraj @ Dhananjay touched her breasts. Some passers-by raised hue and cry. A scooterist intercepted the auto-rickshaw by parking his scooter ahead of it. Appellant Dhanraj @ Dhananjay got scared on seeing the passers-by coming to help of the prosecutrix and, therefore, set her free. She went to nearby Jawaharnagar police Station and lodged a report. The police carried out certain investigation. Both the appellants were arrested in the same night. A panchanama was drawn regarding seizure of the auto-rickshaw from near house of appellant anil. A test identification parade was conducted at the Central Prison, Harsul, by Naib Tahsildar, Aurangabad. The prosecutrix and eye witnesses of the incident then identified both the appellants as the culprits. On basis of material gathered during course of the investigation, they were charge-sheeted for offences punishable under sections 342, 354, 363 and 366-A read with section 34 of the I. P. Code.