ANANT @ ANNA SHANKAR SHIVDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) While considering application for suspension of sentence and releasing the applicant/accused on bail, this court on 3rd May 2013 was pleased to issue a notice for enhancement of the sentence imposed on the applicant/accused. Today, the application for suspension of sentence and releasing the applicant/accused on bail along with suo moto notice for enhancement of sentence came up for hearing and both parties have advanced their arguments thereon and prayed that the appeal may also be disposed of as they have nothing more to submit even on merits of the case. That is how, the appeal is being decided.

(2.) This is an appeal challenging the judgment and order dated 20th March 2013 passed by the learned Adhoc Additional Sessions Judge, Kalyan, in Sessions Case No.184 of 2011, whereby, the appellant/accused is convicted of offences punishable under Sections 363, 376 and 506 of the IPC. For offences punishable under Sections 363 and 376 of the IPC, the appellant/accused is sentenced to suffer rigorous imprisonment for a period of 4 years on each count and for the offence punishable under Sec. 506 of the IPC, he is sentenced to suffer rigorous imprisonment for a period of 1 year. The learned trial court directed that all substantive sentences to run concurrently.

(3.) Facts leading to the institution of the present appeal can be summarized thus: