DEEPAK BABASAHEB GAIKWAD vs THE STATE OF MAHARASHTRA AND ANR.

Judgment text excerpt

901 APEAL 188-23-CR.DOC Priya Soparkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 188 OF 2023 Mr. Deepak Babasaheb Gaikwad, Age: 34 years, R/at : Vasahat No.1, Indiranagar, Dist. Nashik. (Presently lodged in Nashik Road Central …Appellant Prison) Versus 1. The State of Maharashtra (Through Ambad Police Station, Nashik, Dist. Nashik) 2. XYZ (Through Ambad Police Station, …Respondents Nashik, Dist. Nashik) Mr. Sandeep Karnik, Legal-aid appointed Advocate, for the Appellant. Ms. Deepa Punjabi, Legal-aid appointed Advocate, for Respondent No.2. Ms. G. P. Mulekar, APP, for Respondent No.1/State. CORAM: SUMAN SHYAM & SHYAM C. CHANDAK, JJ. RESERVED ON : 29th JULY, 2025. PRONOUNCED ON: 14th AUGUST, 2025. Digitally signed by PRIYA PRIYA RAJESH RAJESH SOPARKAR Page 1 of 30 SOPARKAR Date: 2025.08.14 th 18:14:56 +0530 14 August, 2025. 901 APEAL 188-23-CR.DOC JUDGMENT (Per : Suman Shyam J.):- 1. Heard Mr. Sandeep Karnik, learned Legal-aid counsel appearing for the Appellant. Also heard Mr. G. P. Mulekar, learned APP appearing for the State/Respondent No.1 and Ms. Deepa Punjabi, learned Legal-aid counsel appearing for Respondent No. 2. 2. This criminal appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) arises out of the judgment and order dated 30th September, 2015 passed by the learned Additional Sessions Judge, Nashik in connection with Sessions Case No. 106 of 2014, whereby the sole Appellant was convicted for committing the offence punishable under Sections 376(2)(f), 377 and 363 of the Indian Penal Code (IPC). For committing the offence punishable under Section 376(2)(f) of the IPC, the Appellant/Accused was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/-;