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2023 Supreme(Bom) 1138

PRITHVIRAJ K. CHAVAN
Sandip Shivaji Kamble – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Hasnain Kazi a/w Shraddha Vavhal, Zeeshan Khan, Mr. Vaibhav V. Ugle a/w Roshan Chavan, Shubham Vasekar and Vikas Somwanshi
For the Respondent: Mrs. Pushpa V. Ganediwala, Mrs. Manisha Tidake

JUDGMENT :

1. Applicants – Sandip Shivaji Kamble and Ajay Ramesh Kamble have been convicted along with two more accused namely Pranay Ingle and Amol Nirmal by the Additional Sessions Judge, Bombay of the offences punishable under Sections 376D, 323, 354 r/w Section 34 of the Indian Penal Code by the impugned judgment and order dated 25th May, 2022. The operative part of the order dated 25th May 2022 reads thus :-

    “1. The Accused No.1 Pranay Samadhan Ingale, Accused No.2 Amol Izhak @ Razak Nirmal, Accused No.3 Sandip Shivaji Kamble and Accused No.4 Ajay Ramesh Kamble are hereby convicted under Section 235(2) Criminal Procedure Code of an offence punishable under Sections 376-D and 354 r/w 34 of Indian Penal Code.

2. The Accused No.3 Sandip Shivaji Kamble and Accused No.4 Ajay Ramesh Kamble are hereby convicted under Section 235(2) Criminal Procedure Code of an offence punishable under Sections 323 r/w 34 of Indian Penal Code.

3. For offence punishable under Section 376-D of Indian Penal Code, Accused Nos. 1 to 4 are sentenced to suffer R.I. for 20 (Twenty) years and to pay fine of Rs.20,000/- (Rs. Twenty Thousand only) each, in default, to suffer further R.I. for 6 (Six) months.

4. For o

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