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Ali Akbar Nafis Rizvi vs The State Of Maharashtra on 25 February, 2020

revn-102.20 – 502.odt

pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL REVISION APPLICATION NO.102 OF 2020

Ali Akbar Nafis Rizvi … Applicant
Versus
The State of Maharashtra … Respondent

Mr. Abhishek Yende for the Applicant.
Ms. P.P. Shinde, APP for the Respondent – State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATE : 25th FEBRUARY 2020.

P.C.:

1 Heard respective parties.

2 The applicant herein impugns the judgment and order dated

20th January 2020 passed by the Additional Sessions Judge, Greater

Bombay in Civil Appeal No. 733 of 2016 confirming the judgment and

order dated 20th June 2016 passed by the Metropolitan Magistrate, 69th

Court, Mazgaon, Mumbai in Criminal Case No.91/PW/2009 convicting the

applicant for the offence punishable under sections 498A and 325 of Indian

Penal Code. The Metropolitan Magistrate has imposed sentence of 6

months for offence punishabe under section 325 of the Indian Penal Code.

However, the appellate Court has enhanced the sentence to Rigourous

Imprisonment for two years for offence punishable under section 325 and

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revn-102.20 – 502.odt

one year for the offence punishable under section 498A of the Indian Penal

Code.

3 The learned counsel for the applicant submits that in fact, the

applicant had not meted out any cruelty to the complainant. That the

evidence has not been appreciated it its proper perspective. Hence, the

same has caused grave prejudice to the applicant. In view of this, the

Criminal Revision Application deserves to be admitted.

4 Hence, Admit.

5 The learned APP waives service for the Respondent – State.

(SMT. SADHANA S. JADHAV, J.)

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