GANESH NIVRUTI MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 6.3.1995, passed by the learned IV Addl. Sessions Judge, Thane in Sessions Case No.165 of 1992, wherein the appellant-accused has been convicted for the offence under section 392 and 392 r/w. 394 of I.P.C. and sentenced to suffer R.I. for 5 years and to pay a fine of Rs.500/- in default, to suffer R.I. for 3 months.

(2.) I have gone through the record and proceedings of this case and considered the judgment and order passed by the learned Sessions Judge. Having gone through the observations and reasonings of the learned trial Judge, it is found that the reasonings are well-founded and therefore, the appellant is not entitled for acquittal. Hence this appeal deserves to be dismissed. However, in view of the fact that since December, 1993, the appellant is in jail, the ends of justice will be met if the conviction order is maintained and the sentence is reduced to the period already undergone by the appellant-accused.

(3.) In the result, this appeal is partly allowed. The order of conviction is confirmed. The sentence of R.I. for five years awarded to the appellant-accused is reduced to the period already undergone by him. In case the appellant-accused has not paid the fine, the same shall be dispensed with. The appellant-accused be released forthwith if he is not required in any other case.