RUKHSANA HANIF PATHAN @ PUSHPA MOTIRAM GAWADE Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-3-53
HIGH COURT OF BOMBAY
Decided on March 16,2017

Rukhsana Hanif Pathan @ Pushpa Motiram Gawade Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

A.M.BADAR,J. - (1.) Both these revision petitions are being decided by common Judgment because except evidence of first informants other evidence in both these revision petitions is common and revision petitioner in both these revision petitions is one and the same.
(2.) In revision petition bearing No.82 of 2017, the revision petitioner is challenging the Judgment and Order dated 19th January 2017 passed by the learned Additional Sessions Judge, Mumbai in Criminal Appeal bearing No.275 of 2014 filed by her, thereby dismissing her appeal. The said appeal was filed by revision petitioner/original accused for challenging the Judgment and Order dated 01/03/2014 passed by the learned Metropolitan Magistrate, 35th Court, CST, Mumbai in Criminal Case No.240/PW/2008, thereby convicting the revision petitioner/original accused of the offence punishable under Section 379 of the Indian Penal Code (For short, "the IPC") and sentencing her to suffer rigorous imprisonment for six months.
(3.) In revision petition bearing No.83 of 2017, the revision petitioner/accused is challenging the Judgment and Order of dismissal of her appeal bearing No.276 of 2014 by the learned Additional Sessions Judge, Mumbai on 19/01/2017 thereby confirming the Judgment and Order of conviction recorded by the learned Metropolitan Magistrate, 35th Court, CST, Mumbai in Criminal Case No.241/PW/2008. In this Criminal Case also the learned Metropolitan Magistrate was pleased to convict the revision petitioner/original accused of the offence punishable under Section 379 of the IPC and she was sentenced to suffer rigorous imprisonment for six months. It needs to be noted that the learned Metropolitan Magistrate had directed that the sentences in both these Criminal Cases shall run concurrently.;


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