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2013 Supreme(SC) 1229

A.K.PATNAIK, FAKKIR MOHAMED IBRAHIM KALIFULLA
Mahadeo S/o Kerba Maske – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Rameshwar Prasad Goyal, Adv.
For the Respondents: Sushil Karanjkar, Sanjay Kharde and Asha Gopalan Nair, Advs.

JUDGMENT :

F.M. Ibrahim Kalifulla, J.

1. The sole Appellant is before us. The challenge is to the judgment of the learned Single Judge of the High Court of Bombay, Bench at Aurangabad dated 05.03.2008, in Criminal Appeal No. 764 of 2006. The Appellant was proceeded against for the offences punishable Under Sections 363, 376 and 506 of the Indian Penal Code. He was sentenced to suffer rigorous imprisonment for three years, along with fine of Rs. 3000/- and in default to suffer rigorous imprisonment for six months for the offence Under Section 363 Indian Penal Code; he was further sentenced to suffer rigorous imprisonment for seven years, along with fine of Rs. 5000/- and in default to suffer rigorous imprisonment for two years for the offence Under Section 376 Indian Penal Code. The trial Court also punished the Appellant Under Section 506 Indian Penal Code and sentenced him to suffer rigorous imprisonment for one year, along with fine of Rs. 1000/- with default sentence of two months' rigorous imprisonment.

2. The High Court by the impugned judgment, though confirmed the conviction and sentence for the offences Under Sections 363and 376 Indian Penal Code, set aside the sentence for th
























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