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2012 Supreme(Bom) 111

A.H.JOSHI
Vinod Dnyanoba Tale – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant:J.R. Kidilay, Advocate.
For the Respondent: C.N. Adgokar, Addl. Public Prosecutor.

Judgment

R & P is already called.

2. Rule. Rule is made returnable forthwith. Heard finally by consent.

3. The applicant was tried in Regular Criminal Case No.194 of 2006 in the Court of Judicial Magistrate First Class, Arvi, for offences punishable under Sections 186, 294, 332, 352 and 506 of Indian Penal Code, on the basis of Crime No.24/2005.

4. Ultimately, the charge was framed for the offences punishable under these Sections.

5. The trial ended in conviction for offence under Section 332 of Indian Penal Code. The applicant was awarded sentence for imprisonment for three months and a fine of Rs.500/-and in default of payment of fine, to undergo imprisonment for two months.

6. In the appeal carried by the applicant before Sessions Court, the conviction has been maintained, however, sentence has been altered to payment of fine of Rs.1000/-in place of imprisonment, and seven days imprisonment in default of payment of fine.

7. The order of Sessions Court is under challenge in this Revision Application.

8. The point, which is stressed, can be summarized as follows:-

"Seeing the evidence from any angle and without any re-appreciation and second view of the matter, the bare perusal ther










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