LAWS(BOM)-2021-11-93

MOHAMMED ASHFAQ DAWOOD SHAIKH Vs. STATE OF MAHARASHTRA

Decided On November 25, 2021
Mohammed Ashfaq Dawood Shaikh Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this appeal, the appellant-original Accused no.1 - Mohammed Ashfaq Dawood Shaikh @ Baba has challenged the judgment and order of conviction dated 21st March, 2014 and sentence rendered by the Sessions Judge, Greater Mumbai in Sessions Case No. 914 of 2013 by which he along with other three accused viz. Accused no.2 - Mohd. Kasim Mohd. Hasim Shaikh @ Bangali, Accused no.3 - Mohd. Salim Mohd. Abdul Kaddus Ansari, Accused no.4 - Vijay Mohan Jadhav @ Nanu have been convicted. Accused nos. 2 to 4 have not challenged the judgment and order of conviction.

(2.) The appellant - original Accused no.1 - Mohd. Ashfaq Dawood Shaikh alias Baba and other accused have been convicted by the learned Sessions Judge for having committed offences punishable under Sections 376(D) read with 120-B, 377 r/w 120-B, 354(B) r/w 120-B, 323 r/w 120- B and 506(II) r/w 120-B and 120-B of the Indian Penal Code.

(3.) Though distinct sentences have been awarded under each head, they have been sentenced to suffer Rigorous Imprisonment for life, which shall mean imprisonment of remainder of their natural life with fine of Rs.10,000/- each, in default further R.I. for one year each. The substantive sentences of imprisonment are directed to run concurrently.