The State Of Maharashtra vs Rahimuddin Mohfuz Shaikh @ John ...
2021 Latest Caselaw 16371 Bom

                                                                                   operative part-conf-1-2017.doc


                           Shailaja




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      CRIMINAL APPELLATE JURISDICTION
                                                      CONFIRMATION CASE NO.1 OF 2017


                           The State of Maharashtra                           ]    Appellant
                                                                              (Original Complainant)
                                         Vs.
                           1. Rahimuddin Mohfuz Shaikh @                      ]
                                John Anthony D'Souza @ Babu                   ]
                                @ Baba                                        ]


                           2. Sandip Samadhan Shirsath @                      ]
                                 Raghu Rokda                                  ]     Respondent
                                                                      (Orig. Accused No.1 and 2)
                                                                    .....
                           Ms. M.M Deshmukh A.P.P for Appellant-State.

                           Ms. Rebecca Gonsalves i/b Dr. Yug Chaudhry, appointed Advocate
                           for Respondents.
                                                         ....


                                                       CORAM              : SMT. SADHANA S. JADHAV &
                                                                            PRITHVIRAJ K. CHAVAN, JJ.

RESERVED ON : 18th November, 2021. PRONOUNCED ON: 25th November, 2021.

Digitally signed by SHAILAJA SHAILAJA SHRIKANT SHRIKANT HALKUDE HALKUDE Date: 2021.11.25 17:09:39 +0530 1 of 2 operative part-conf-1-2017.doc

:OPERATIVE PART:

[a] Reference of confirmation of the death sentence is hereby

dismissed;

[b] The judgment and order of conviction and sentence of death

awarded to the accused Rahimuddin Mohfuz Shaikh @ John

Anthony D'Souza @ Babu @ Baba by the Additional Sessions Judge,

Thane on 11th May, 2017 in Sessions Case No.599 of 2012 is

quashed and set aside by extending him a benefit of doubt.

[c] The accused is acquitted of the offences punishable under

section 376 (2) (g), 302 and 326 of the Indian Penal Code in view of

section 368 (c) of the Criminal Procedure Code;

[d] Fine amount, if paid, be refunded to the accused;

[e] The accused be released forthwith, if not required in any other

case.

[PRITHVIRAJ K. CHAVAN, J.] [SMT. SADHANA S. JADHAV, J.]

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