Neelam Bapu Khomne v. The State Of Maharashtra

(1) Cri. Appeal 936/2015 - Operative Order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 936 OF 2015 Neelam Bapu Khomne, Age : 25 years, Occupation - Student, R/o. House No.12, Bhavaninagar Marketyard, Ahmednagar, Dist. Ahmednagar .. Appellant (Orig. Accused) Vs.

The State of Maharashtra Through Investigation Officer, MIDC CIDCO Police Station, Tq. & Dist. Aurangabad .. Respondent ---- Mr. R.V. Gore, Advocate for the appellant Mr. N.T. Bhagat, A.P.P. for the respondent/State ---- CORAM : M.T. JOSHI, J.

DATE : 10/02/2016 OPERATIVE ORDER :

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For the detailed reasons forwarded in the judgment delivered today, the following order is passed:- 2.

Criminal Appeal is hereby allowed.

3.

Conviction of the appellant recorded by the learned Additional Sessions Judge, Aurangabad vide the

(2) Cri. Appeal 936/2015 - Operative Order judgment and order dated 11/05/2015 passed in Sessions Case No. 234 of 2013 for the offence punishable under section 395 of the Indian Penal Code is maintained. However, the order of the learned Additional Sessions Judge, Aurangabad sentencing the present appellant to undergo rigorous imprisonment for a period of 4 years for the offence punishable under section 395 of the Indian Penal Code, is hereby set aside.

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Instead, the appellant is directed to undergo the sentence, already undergone by her with a direction to pay the fine, as directed by the learned Additional Sessions Judge, Aurangabad.

4.

The appellant be released forthwith, if not required in any other offence/s and in case the fine amount is deposited by her.

5.

Criminal Appeal is accordingly disposed of in the above terms.

[M.T. JOSHI] JUDGE arp/