STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER, P.S. SITABULDI Vs. BHUSHANKARRAO NARSINGH MURTI RAYDU

JUDGEMENT

(1.) The State is in appeal seeking enhancement of sentence. The respondent-accused was convicted for offence punishable under section 354 of the Indian Penal Code by the judgment and order dated 28.02.2006 passed by the Judicial Magistrate First Class, Court 2, Nagpur in Summary Criminal Case 1168/2002 and was sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs.2000/-. The accused challenged the said judgment and order in Criminal Appeal 54/2006 which was decided by the judgment and order impugned dated 19.04.2008 passed by the Ad-hoc District Judge-4 and Additional Sessions Judge-4, Nagpur. The learned Appellate Judge allowed the criminal appeal partly, the conviction was maintained, the sentence of rigorous imprisonment for one year was set aside and the fine enhanced from Rs.2000/- to Rs.5000/-.

(2.) Heard Ms. T.H. Udeshi, the learned Additional Public Prosecutor for the appellant/State and Shri A.M. Sudame, the learned counsel for the respondent-accused.

(3.) In order to keep the record straight, I may mention that the accused challenged the conviction recorded by the learned Magistrate and affirmed by the learned Appellate Judge in Criminal Revision Application 143/2008, which I have rejected by judgment and order dated 04.01.2018.