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2023 Supreme(Bom) 944

SARANG V. KOTWAL
Mohd. Shoab Shaukatali Mansuri – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Amin Solkar, Advocate, Gaurav Shenoy, Advocate, Misbaah Solkar, Advocate, S.R.Agarkar, Advocate, Aashish Satpute, Advocate

JUDGMENT

SARANG V.KOTWAL,J. - The Appellant has challenged the Judgment and order dtd. 27/12/2021, passed by learned Additional Sessions Judge, City Civil and Sessions Court, Borivali Division, Dindoshi, Mumbai, in Sessions Case No.90 of 2016. There were four accused in the trial. The Appellant was the accused No.2. The other accused were Accused No.1 Mohd. Naved Salim Parmar, Accused No.3 Rahul Ramya Pawar and accused No.4 Sanjaykumar Gagankumar Mahanti. At the conclusion of the trial, the Accused Nos.1 and 4 were acquitted. The Appellant/Accused No.2 and the Accused No.3 were convicted and sentenced as follows:

i) They were convicted for commission of offence punishable U/s. 341 r/w. 120(B) of the Indian Penal Code (for short 'I.P.C. ') and were sentenced to suffer S.I. for one month.

ii) They were convicted for commission of offence punishable U/s.394 r/w. 397 and 120(B) of the I.P.C. and were sentenced to suffer R.I. for 10 years each and to pay a fine of Rs.5000.00 each and in default of payment of fine to suffer S.I. for three months each.

iii) They were convicted for commission of offence punishable U/s.307 r/w. 120(B) of the I.P.C. and were sentenced to suffer R.I. for 10 ye

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