Kiran Duryodhan Varnekar vs State Of Maharashtra
2022 Latest Caselaw 6619 Bom

                                                                                           17-REVN-37-2022.doc




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                             CRIMINAL REVISION APPLICATION NO. 37 OF 2022

                              Kiran Duryodhan Varnekar                          ...Applicant
                                    Versus
                              State Of Maharashtra                              ...Respondent
                                                                        ....
                              Mr. Dilip Bodake a/w Mr. Sharad T. Bhosale, Advocate for the
                              Applicant.
                              Mr. Arfan Sait, APP for the Respondent - State.


                                                      CORAM       :        PRAKASH D. NAIK, J.
                                                      DATE        :        13th JULY, 2022.

                              PER COURT:

                              1.          The Applicant is convicted by judgment and order dated 22 nd

                              June, 2015 passed by 6th J.M.F.C., Satara in C.C. No.32 of 2013 for

                              the offences punishable under Sections 323, 324, 506 r/w Section

                              34 of Indian Penal Code. He was sentenced to suffer imprisonment

                              for one year and to pay fine of Rs.1,000/- for the offence

                              punishable under Section 324 of Indian Penal Code (for short

                              'IPC'). For the conviction under Section 323 of IPC, the Applicant

                              was sentenced to suffer imprisonment for one month and to pay

                              fine of Rs.200/-. For the conviction under Section 506 of IPC he

                              was sentenced to suffer imprisonment for three months and to pay

                              fine of Rs.300/-.        He was acquitted for the offence punishable

           Digitally signed
           by SAJAKALI
                              under Section 504 of Indian Penal Code.
SAJAKALI   LIYAKAT
           JAMADAR
LIYAKAT    Date:
JAMADAR    2022.07.15
                              Sajakali Jamadar                        1 of 2
           10:54:20
           +0530
                                                            17-REVN-37-2022.doc




2.          The appeal challenging the above judgment was partly

allowed by judgment and order dated 29th September, 2021 passed

by learned Additional Sessions Judge, Satara in Criminal Appeal

No.62 of 2015. The conviction under Sections 324 and 506 r/w

Section 34 of IPC was set aside. The Applicant was acquitted for

the offences punishable under Sections 324 & 506 r/w Section 34

of Indian Penal Code. The Applicant was convicted for offence

under Section 323 of Indian Penal Code and sentenced to suffer

simple imprisonment till rising of the Court and fine of Rs.200/-.

3.          Learned Advocate for the applicant submitted that the

Applicant had undergone the sentence of imprisonment for one day

and has also deposited the fine. However, considering the fact that

the Applicant is a student and the conviction should not affect his

career. He has challenged the judgment of the conviction. There

are legal infirmities in the impugned judgment.

4.          Hence, I pass the following order :-

                                    ORDER

            i.     Admit.

            ii.    Call for Record and Proceedings.

(PRAKASH D. NAIK, J.)

Sajakali Jamadar 2 of 2