LALIT VILASRAO THAKARE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-accused is convicted for the offence punishable under Sections 327 , 342 , 364-A and 384 of the Indian Penal Code ("the offences in question") by the learned Additional Sessions Judge (V), Nagpur in Sessions Case No.78 of 2013 and is sentenced - (i) to undergo life imprisonment with a fine of Rs.5,000/- for the offence punishable under Section 364-A of the Indian Penal Code, (ii) to undergo rigorous imprisonment for two years with a fine of Rs.3,000/- for the offence punishable under Section 384 of the Indian Penal Code, (iii) to undergo rigorous imprisonment for six months with a fine of Rs.500/- for the offence punishable under Section 342 of the Indian Penal Code, and (iv) to undergo rigorous imprisonment for one year with a fine of Rs.1,000/- for the offence punishable under Section 327 of the Indian Penal Code. All the sentences are directed to concurrently.

(2.) The incident occurred on 5-9-2012 at Nagpur. PW 4 Samyak and PW 5 Vikrant are the victims, and PW 4 Samyak is also the complainant, at whose instance FIR No.248/12 was registered on 7-9-2012 against the appellant-accused for the offences in question. PW 4 Samyak was in 11th Standard on the date of incident and studying at Kamla Nehru Arts, Commerce and Science College at Nagpur. He was residing at Gayatri Hostel, Nandanwan Chowk, Nagpur. PW 5 Vikrant was also taking education in 11th Standard at Kamla Nehru Arts, Commerce and Science College, Nagpur. Both the victims were knowing each other and also the accused Lalit.

(3.) The story of the prosecution is that on the date of incident, one Anand Thakur along with accused Lalit came on motorcycle to the hostel of PW 4 Samyak at about 8.30 p.m. and asked him to come out of the hostel for having some talk. In spite of his resistance, they took him forcibly to Juna Sakkardara, near Shitla Mata Mandir in the slum. PW 4 was taken in one room in which 2/3 friends of Anand Thakur and accused Lalit were already there, consuming liquor. They forced PW 4 to consume liquor. The accused slept him and Anand Thakur also beat him by means of belt and told PW