VILAS LAXMAN CHAWAN vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

2025:BHC-AS:15765-DB 904-apeal-6-2018-J.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 6 OF 2018 Vilas Laxman Chawan, Age 35 years, Occu: Nil, R/o. Laxmi Niwas, Room No.423, 4th Floor, Near Veer Hanuman Temple, Ravalpada, Dahisar-East, Mumbai – 400 068. (At present is in Mumbai Central Prison). …..Appellant Vs. 1. State of Maharashtra, (At the instance of M.H.B. Colony, Police Station, C.R.No.150/2012, 2. Ms. X, Dhobi Ghat, Patilwadi, Santoshimata Road, Footpath, Dahisar, Nadi Kinara, Near Shankar Mandir, Dahisar (W), Mumbai. …..Respondents Ms. Tanvi Tapkire with Mr. Ashutosh Shukla, i/b. Ms. Shabana Syed, for the Appellant. Ms. P. P. Shinde, APP, for Respondent No.1-State. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. RESERVED ON : 24th MARCH 2025. PRONOUNCED ON : 4th APRIL 2025. JUDGMENT :- (Per Dr. Neela Gokhale, J.) 1. The correctness of the judgment and order dated 8 th November 2017 (impugned judgment) passed by the Additional Gaikwad RD 1/22 904-apeal-6-2018-J.doc Sessions Judge, City Civil and Sessions Court, Borivali Division, Dindoshi is assailed in this Appeal. By the impugned judgment, the sole accused stands convicted for the offences punishable under Sections 363, 366A and 376(2)(f) of the Indian Penal Code. For the offence punishable under Section 363 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment (RI) for two years and to pay a fine of Rs.1,000/- and in default of the same suffer R.I. for two months. For the offence punishable under Section 366A of the IPC, he is sentenced to suffer RI for five years and to pay a fine of Rs.3,000/- and suffer RI for four months in default. For the offence punishable under Section 376(2)(f) of the IPC, he is sentenced to suffer RI for life