Asharam @ Ashumal vs State - 2022 Supreme(Raj) 1806

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1806

SANDEEP MEHTA, VINOD KUMAR BHARWANI
Asharam @ Ashumal – Appellant
Versus
State – Respondent

Advocates appeared:
Mr. Devadatt Kamat, Sr. Advocate, Mr. Rajesh Inamdar, Mr. Karan Khanuja, Ripul Swati, Mr. Ramendra Singh Saluja, Mr. Pradeep Choudhary, for the Appellant, Mr. R.R. Chhaparwal, Pp, Mr. P.C. Solanki, for the Respondent.

ORDER

Mehta, J. - The appellant-applicant Asharam @ Ashumal (undergoing imprisonment at the Central Jail, Jodhpur) has been convicted and sentenced as below vide judgment dated 25.04.2018 passed by the learned Judge, Special Court, POCSO Act Cases, Jodhpur in Sessions Case No.116/2016 (152/2013) (NCV No.129/2016):

Offences

Sentences

Fine

Fine Default sentences

Section 370(4) IPC

10 Years' R.I.

Rs.1,00,000/-

1 Year's R.I.

Section 342 IPC

1 Year's R.I.

Rs.1,000/-

1 Month's R.I.

Section 506 IPC

1 Year's R.I.

Rs.1,000/-

1 Month's R.I.

Section 376(2)(f) IPC

Life Imprisonment (The remainder of Natural Life of the Accused)

Rs.1,00,000

1 Year's R.I.

Section 376D IPC

Life Imprisonment (The remainder of Natural Life of the Accused)

Rs.1,00,000

1 Year's R.I.

2. While the appeals of the appellant-applicant and the other co-accused persons were listed for hearing, an Interlocutory Application No.01/2021 came to be filed on behalf of the appellant Asharam @ Ashumal under Section 391 Cr.P.C. for taking additional evidence by way of summoning the police officer Shri Ajay Pal Lamba, posted as DCP (West), Jodhpur at the time of the alleged incident, as a Court witness and to allow the applicant to cross-examine him.

3. The fo