RAKESH HARILAL KAHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal takes exception to the Judgment and Order passed by the Additional Sessions Judge for Greater Mumbai dated November 30, 2001 in Sessions Case No.250 of 1999. The Appellant was charge-sheeted and tried for offence punishable under Section 392 read with Section 114 and Section 392 read with Section 397 of the Indian Penal Code (hereinafter referred to as the IPC ) on the allegation that he along with accused Nilesh Chandrakant Kadam (since deceased), on 30th May 1998 between 12.40 to 12.50 hours at the Office of Mahavir Stone Supply Company, Hanuman Tekdi, Shiv Vallabh Road, Dahisar (East), Mumbai - 68, committed robbery of an amount of Rs.49,200/- (Rupees Forty-nine Thousand Two Hundred), which was the property of the Mahavir Stone Supply Company and then in possession of the complainant Umeshchandra Ajmera (PW 1), and that the accused aided each other in the commission of the said offence.

(2.) The Trial Court, on analysis of the evidence on record adduced by the prosecution, by the impugned Judgment and Order, recorded finding of guilt against the Appellant for offence punishable under Section 392 read with Section 414 and under Section 392 read with Section 397 of the IPC and sentenced him to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/- (Rupees One Thousand), in default of payment of fine, to suffer rigorous imprisonment for a further period of one month.

(3.) It is not in dispute that the Appellant has already undergone the sentence provided under the impugned decision. However, this Appeal is pursued by the Appellant, as the order of conviction recorded against him would operate as stigma. Only for that reason, the hearing of the matter proceeded on merits.