SALMAN SUFIYAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the Judgment and Order dated 25 July 2012 passed by the learned Additional Sessions Judge, Borivali Division, Dindoshi, Goregaon, Mumbai in Sessions Case No.138 of 2011 arising out of C.R. No.148 of 2011 registered at Dindoshi Police Station, thereby convicting the appellant under Section 363 of the Indian Penal Code and sentenced to suffer R.I. for a period of 5 years and to pay fine of Rs.20,000/-, in default of payment of fine to suffer further R.I. for a period of 3 months. By this appeal, the appellant has questioned the correctness of the said conviction and sentence awarded by the impugned judgment and order dated 25.7.2012. The Appellant was originally charged under Section 363, 364-A, and 342 of the Indian Penal Code. The Court of Sessions by the present impugned judgment and order dated 25.7.2012 acquitted the Appellant from the charges punishable under Sections 364-A and 342 of the Indian Penal Code. The co-accused namely Khalim Faiyaz Shaikh (Khalim) is absconding since 21.4.2011 and therefore the present Appellant was alone tried in the present sessions case.

(2.) The facts which are enumerated from the record of the present appeal can briefly be stated as under:

(3.) Heard Shri Mateen Shaikh, the learned Counsel appearing for the appellant and Smt. S.D. Shinde, the learned APP.