Pravin Chabinath Singh v. The State Of Maharashtra

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2022.04.29 16:40:37 +0530 VARSHA DEEPAK GAIKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 518 OF 2012 WITH INTERIM APPLICATION NO. 1003 OF 2012 WITH INTERIM APPLICATION NO. 1280 OF 2020 Sandeep Omprakash Singh ...

Applicant/Appellant V/s.

The State of Maharashtra ...

Respondents WITH CRIMINAL APPEAL NO. 218 OF 2017 Pravin Chabinath Singh ...

Appellant V/s.

The State of Maharashtra ...

Respondents ------------------- Ms. Devyani Kulkarni, appointed advocate a/w Ms. Apeksha Vora, advocate for the appellant in Appeal/518/2012. Mr. Kartik Garg, appointed advocate a/w Mr. Nitin Sejpal a/w. Ms. Sakshi Jha a/w. Ms. Akshata Desai, advocate for the appellant in Appeal/218/2017.

Mr. Veerdhaval Deshmukh, appointed advocate for the victim. Ms. P.P. Shinde-APP for the State.

--------------------- CORAM :SMT. SADHANA S. JADHAV & MILIND N. JADHAV, JJ.

DATED :APRIL 28, 2022.

P.C. :

.

Heard the respective counsel appointed by this Court. 2.

For the reasons to be recorded separately, the Court has passed the following order

ORDER

i) Both the appeals are allowed.

ii) The conviction of the appellants for the offences punishable under sections 363 and 364-A read with 34 of Indian Penal Code passed by Ad-hoc Judge, City Civil Court and Additional Sessions Judge, Greater Bombay vide judgments and orders dated 31st March 2012 and 30th November 2016 in Sessions Case No. 796 of 2010 is hereby quashed and set aside. iii) The Accused/appellants stand acquitted of all the charges levelled against them.

iv) The appellants be released forthwith, if not required in any other offence.

v) Fine amount if paid, be refunded to the accusedappellants as per rules. 3.

The appeals as well as application(s), if any, stand disposed of accordingly.

4.

This Court had requested advocate Ms. Devyani Kulkarni to

espouse the cause of the appellant in Criminal Appeal No. 518 of 2012, advocate Mr. Kartik Garg to espouse the cause of the appellant in Criminal Appeal No. 218 of 2017 and advocate Mr. Veerdhaval Deshmukh to espouse the cause of the victim, they have assisted the Court in appreciating the evidence on record. Their professional fees are quantified as per rule to be paid to them by High Court Legal Aid Services Committee, Mumbai.

(MILIND N. JADHAV, J) (SMT. SADHANA S. JADHAV, J)