APPA BHAGWAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. V.S. Mhaispurkar, learned Advocate for the Applicant and Ms. D.S. Krishnaiyer, learned APP for the State.

(2.) This Criminal Revision Application takes exception to the twin judgments passed by the learned Trial Court and the Appeal Court. Order of conviction and sentence dtd. 10/3/1995 passed by the J.M.F.C. Railway Court, Kalyan in Criminal Case No. 69/1994 has been upheld by the Additional Sessions Judge, Kalyan in Criminal Appeal No. 52 of 1996. The Sessions Court's order dtd. 13/11/2002 is therefore under challenge in the present Criminal Revision Application. There are two concurrent orders. Conviction is under Sec. 392 of the Indian Penal Code, 1860 (for short "IPC") and sentence awarded to Revision Applicant is six months rigorous imprisonment and payment of fine of Rs.1,500.00 and in default, to suffer two months rigorous imprisonment.

(3.) Under Ses. 392 IPC it is stated that punishment for Robbery is rigorous imprisonment for a term which may extend to 10 years and it shall also be liable to fine and if robbery committed on the highway between sunset and sunrise, the imprisonment may extend to 14 years. Robbery is defined under Sec. 390 and it states that in all robbery there is either theft or extortion.