RAHUL GURUPRASAD MISHRA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. By consent of the parties taken up forthwith for final hearing.

(2.) Revision application challenges order passed by Additional Sessions Judge Mr. M.N. Bondre, Court Room No.17 of Sessions Court, Greater Bombay, dismissing the appeal of the Applicant bearing Criminal Appeal No.152 of 2014. The Applicant has been convicted by the Assistant Sessions Judge, Mr. D.K. Mulla by his judgment dated 14 2 2014 in Sessions Case No.403 of 2013 for the offence punishable under section 397 of the IPC and has been sentenced to suffer R.I. for a period of four years and to pay a fine of Rs.5,000/ . Said order of conviction and sentence has been maintained by the Appellate Court in the above stated appeal.

(3.) Hence, the Applicant feels aggrieved by both the judgments has moved this Court by way of revision application. At the outset it may be mentioned here that both the learned Judges failed to take note that minimum punishment for the offence punishable under section 397 of the I.P.C. is seven years. There is no provision for imposing punishment of less than seven years. As such, it is abundantly clear that both the learned Judges of the Trial Court and Appellate Court passed orders without reading section 397 of the IPC.