LAWS(BOM)-1999-4-87

AZEEZ USMAN SHAIKH Vs. STATE OF MAHARASHTRA

Decided On April 12, 1999
AZEEZ USMAN SHAIKH Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) ACCUSED Azeez Usman Shaikh filed Criminal Appeal No. 406/97 through the Superintendent of Yeravada Central Prison, impugning judgment and order of conviction and sentence dated 17-4-1997 passed by the Sessions Judge, Pune, in Criminal Appeal No. 33 of 1996. The said appeal was not maintainable and, therefore, it was allowed to be converted into the present Criminal Revision Application.

(2.) APPELLANT-AZEEZ Usman Shaikh, hereinafter referred to as the accused was tried in the Court of Assistant Sessions Judge, Pune, in Sessions Case No. 337/95 for offences punishable under sections 366, 376, 324 and 342 of the Indian Penal Code. By the judgment and order dated 19-1-1996, the learned Assistant Sessions Judge, Pune, convicted the accused for the offences punishable under sections 366 and 376 of the Indian Penal Code and sentenced him to suffer R. I. of six years and to pay a fine of Rs. 500/-, in default to undergo further R. I. for six months. No separate sentence was awarded for the offence punishable under section 366 of the Indian Penal Code. The accused was convicted for the offence punishable under section 324 of the Indian Penal Code and was sentenced to suffer R. I. for 2 years and to pay a fine of Rs. 300/ -. In default the accused was to undergo further R. I. for one month. He was also convicted for the offence punishable under section 342 of the Indian Penal Code and was sentenced to suffer R. I. for one year and to pay a fine of Rs. 200/-, in default thereof to suffer further R. I. for one month. All the sentences were ordered to run concurrently.

(3.) BEING aggrieved by the said judgment and order, the accused preferred appeal in the Court of Sessions Judge, Pune, being Appeal No. 33/96. By judgment and order dated 17-4-1997, the conviction and sentence of the accused for the offence punishable under section 324 of the Indian Penal Code was set aside. He was acquitted of the said offence. The conviction and sentence of the accused for the offences punishable under sections 366, 376 and 342 of the Indian Penal Code was however confirmed. The present Revision Application is filed against the said judgment and order.