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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
C.V.Bhadang, J.
Yogesh Pandurang Kupekar - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 1551 of 2018
Decided On : 04-12-2021
Conviction - Criminal Law - The court confirmed the appellant's conviction for offences under Sec. 376 and 354 of IPC and Sec. 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
Fact of the Case:
The appellant's appeal was partly allowed, modifying the sentence and confirming the conviction for multiple offences under the IPC and a specific Act.
Finding of the Court:
The court upheld the conviction and modified the sentence, ordering the appellant to undergo rigorous imprisonment for seven years and pay a fine, among other penalties.
Issues:
Ratio Decidendi: The court confirmed the appellant's conviction for serious offences and modified the sentence based on the severity of the crimes committed.
Final Decision: The appellant's substantive sentences were ordered to run concurrently, and the rest of the judgment was confirmed.
JUDGMENT
1. The Appeal is partly allowed to the extent of modification of the sentence.
2. The conviction of the Appellant for the offence punishable under Sec. 376, 354 of IPC and Sec. 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 is hereby confirmed.
3. For the offence punishable under Sec. 376 of IPC, the Appellant shall undergo Rigorous Imprisonment for seven years and shall pay fine of Rs.25,000.00 and in default, shall undergo further Simple Imprisonment for three months.
4. The sentence awarded to the Appellant under Sec. 354 of IPC and Sec. 3(2) of the said Act is maintained.
5. The substantive sentences shall run concurrently.
6. The rest of the judgment stands confirmed.
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