JUDGMENT

1. The appellant has challenged the judgment and order dtd. 17/1/2019 passed by the Additional Sessions Judge, Thane in Sessions Case No.37/2011. The appellant was convicted for commission of offence punishable under Sec. 392 read with 34 of the Indian Penal Code and was sentenced to suffer RI for seven years and to pay fine of Rs.1, 000.00 and in default of payment of fine to suffer RI for three months. He was also convicted for commission of offence punishable under Sec. 397 read with 34 of IPC and was sentenced to suffer RI for seven years and to pay fine of Rs.1, 000.00 and in default of payment of fine to suffer RI for three months. Both the sentences were directed to run concurrently. He was granted set off under Sec. 428 of Cr.P.C. for the period of detention undergone as under-trial prisoner.

2. Initially, there were two accused in the case. However, accused No.2 Mhammaad Mehtabli was absconding and, therefore, the trial was conducted only against the present appellant.

3. The prosecution case is that on 14/9/2009 after midnight i.e. between the intervening night of 13/9/2009 and 14/9/2009, the first informant was waiting to go home after reaching Thane. Two persons