Suresh Premsing Vishwakarma Alias Lohar v. The State Of Maharashtra

1 APEAL 289-12 OO.doc-207

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.289 OF 2012 ALONG WITH CRIMINAL APPLICATION NO.1565 OF 2014 Suresh Premsing Vishwakarma alias Lohar.

] Age - 30 years, Occupation - Labour, ] R/at - Wadgaonsheri Pune, Originally ] Inhabitant of Ward No.8, Dharampur, ] District Kailali, Aanaset, Nepal State.

] (At present lodged at Yerawara Central Prison, ] ... Appellant Pune) ] Original Accused

Versus

The State of Maharashtra.

] ... Respondent Mr. D. G. Khamkar for Appellant.

Mr. Ajay Patil, APP for State.

CORAM :- B. R. GAVAI & SARANG V. KOTWAL, JJ.

DATE :- 13 JULY, 2018 For the reasons separately recorded, following order is passed :

ORDER

(i) The Appeal is allowed.

URS

2 APEAL 289-12 OO.doc-207 (ii) The Judgment and Order of conviction and sentence dated 13/01/2012 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No.419 of 2009, convicting the Appellant for commission of the offences punishable under Sections 363, 366-A, 364, 376(2)(f) and 302 of the IPC, is quashed and set aside. The Appellant is acquitted of the charges charged with.

(iii) The Appellant is directed to be set at liberty forthwith, if not required in any other case.

(iv) With the disposal of the Appeal, Criminal Application does not survive and stands disposed of accordingly. (SARANG V. KOTWAL, J.) (B. R. GAVAI, J.) URS