SHAKILA GULAM RASUL MUKHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the present appeal, original accused No. 1(hereinafter referred to as "the appellant") has challenged her sentence of conviction for the offences punishable under Sections 368, 373, 327 of the Indian Penal Code and punishable under Sections 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred as the "the said Act" for short). Theimpugned judgment and order came to be passed by the learned Additional Sessions Judge, Greater Bombay on 6.8.2004 in Sessions Case No. 1122 of 2002. In the said Sessions Case total six accused persons were put to trial including the appellant.

(2.) At the threshold, it must be mentioned that original accused No. 4 has preferred a separate appeal and it was independently heard and disposed of by the another Bench. The said appeal has been dismissed. Accused No. 4 was found guilty for the offences for which he was charged. However, the quantum of sentence was reduced to which he has already undergone. So far as original accused Nos. 2, 3 and 5 are concerned, they were acquitted of all the charges except the charge for the offence under Section 6 of the said Act.

(3.) In the present appeal, this Court is concerned with the sentence of the appellant for the offence under Section 368 of the I.P.C., under which she was sentenced to suffer R.I., for 3 years and fine of Rs. 1,000/ - in default for one month. Under Section 373 she was sentenced to suffer R.I., for ten years and fine of Rs. 2,000/- in default R.I., for two months. Under Section 327 of the I.P.C., she was sentenced to suffer R.I., for ten years and fine of Rs. 2,000/- in default R.I. for one month. For the offence under Section 4 of the said Act, the appellant was sentenced to suffer R.I., for two years. Further, for the offence under Sections 5 and 6 of the Act, the appellant was sentenced to suffer R.I. for seven years and fine of Rs. 2,000/- on each count.