FARUKH ABDUL RAHEMAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has impugned the judgment and order dated 25th April 2019, passed by the learned Additional Sessions Judge, Borivali Division, Dindoshi, Goregaon, Mumbai, in Special Case No.19 of 2016, convicting and sentencing him as under:

(2.) The prosecution case in brief is as under :

(3.) Mr. Aniket Vagal, learned counsel for the appellant does not press the appellant's conviction recorded under Sections 363 and 366 of the Indian Penal Code. He submits that as far as the offence under Section 376 is concerned, the act of the appellant would not fall within the purview of Section 375 and that, at the highest, taking into consideration the evidence on record, the act of the appellant would be one under Section 354 of the Indian Penal Code.