BALAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant - Balaji s/o. Gangaram Navghare has filed this appeal being aggrieved by the order of conviction and sentence passed in Sessions Case No. 47 of 1999, decided by learned First Adhoc Additional Sessions Judge, Parbhani on 02.05.2006, whereby the present appellant is convicted of offences punishable under Sections 363, 376 and 302 of the I.P.C. and sentenced to suffer different sentences for each offence. Learned First Adhoc Additional Sessions Judge has sentenced the accused to suffer simple imprisonment for seven years with fine of Rs.100/-, in default, to undergo simple imprisonment for one month for offence punishable under Section 363 the I.P.C. The appellant is sentenced to suffer simple imprisonment for seven years and to pay fine of Rs. 100/-, in default, to suffer simple imprisonment for one month for offence punishable under Section 376 of the I.P.C. For offence punishable under Section 302 of the I.P.C. the appellant is sentenced to suffer simple imprisonment for life (sic) and to pay fine of Rs. 100/-, in default, to suffer simple imprisonment for one month.

(2.) At the outset we express our shock, surprise and displeasure for awarding simple imprisonment of seven years for each of the offences under Sections 363 and 376 of the I.P.C. when as per the learned Additional Sessions Judge, the case of the prosecution is that the appellant had kidnapped, raped and murdered a ten years old girl. We are also surprised to find phrase "simple imprisonment for life".

(3.) Brief facts giving rise to this appeal may be stated as below:-