LAWS(BOM)-2008-1-123

STATE OF MAHARASHTRA Vs. HARESH MOHANDAS RAJPUT

Decided On January 11, 2008
STATE OF MAHARASHTRA Appellant
V/S
HARESH MOHANDAS RAJPUT Respondents

JUDGEMENT

(1.) BY filing the above Appeal No. 1020 of 2001 the appellantstate is seeking the enhancement of sentence awarded to the Respondentoriginal accused by the Additional Sessions Judge, Pune. Whereas, by filing the appeal No. 401 of 2002, the originalaccused is challenging the judgment and order of conviction and the punishment of Life imprisonment awarded for the offences punishable under section 376 and 302 of the Indian Penal Code by the learned Additional Sessions Judge, Pune.

(2.) THE facts of the case in a nutshell are, as under: the family of original Complainant was doing small business of selling of edibles and handkerchiefs and socks on the streets in Pune. Complainant (P. W. No. 1) is the mother of victim girl, P. W. No. 2 Ashok kriplani is the husband of Complainant and p. W. 3 Nitesh and Madhuri are their children. The accused Haresh Rajput is the neighbour of complainant and he was residing with his son Khushal and his old mother and he was working in a liquor shop and was alleged to be addicted to liquor.

(3.) " On 24th October, 1999, Sunday and being a day of "kojagiri Poumimd",