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Dhanraj Buddhasen Gupta vs The State Of Maharashtra on 4 July, 2018

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

CRIMINAL WRIT PETITION NO. 1512 OF 2018

Dhanraj Buddhasen Gupta .. Petitioner

Versus
The State of Maharashtra .. Respondent

……………….
Appearances
Mr. Prosper D’Souza Advocate (appointed) for the Petitioner
Mr. Arfan Sait APP for the State
……………….

CORAM : SMT. V.K. TAHILRAMANI, Acting C.J.
M.S. SONAK, J.

DATE : JULY 4, 2018.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :

1. Heard both sides.

2. By Judgment Order dated 9.10.2014 passed by the

learned Sessions Judge, Borivali Division, Dindoshi, Mumbai in

Sessions Case No. 17 of 2012, the petitioner came to be

convicted and sentenced as under:-

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Convicted Sentenced to
u/S
354 Rigorous Imprisonment for two years and to pay fine of
IPC Rs. 5000/-, in default, further R.I. for one month.

376 Rigorous imprisonment for seven years and to pay fine
r/w of Rs. 25,000/-, in default, further R.I. for six months.
511
IPC

67(A) Rigorous imprisonment for five years and to pay fine of
I.T. Act Rs. 25,000/-, in default, further R.I. for six months.

The petitioner was acquitted of the offence under

Section 306 of IPC.

Learned Sessions Judge directed that the sentences of

imprisonment under Section 354 and Section 376 r/w 511 of

IPC shall run concurrently whereas sentences of imprisonment

under Section 67(A) of I.T. Act shall run separately.

3. It is stated that the petitioner has undergone

imprisonment of seven years imposed on him under Section

376 r/w 511 of IPC. Through this petition, the petitioner is

praying that the fine amount be waived and he should be

granted remission of in default sentences.

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4. At this stage, we would like to state that the petitioner

has not preferred any appeal against the Judgment Order

dated 9.10.2014. In fact, the statement of the petitioner who

is in Nasik Road Central Prison has been recorded by the Jail

Authorities which shows that he has not preferred any appeal

against the Judgment Order dated 9.10.2014 wherein he

was convicted and sentenced by the Sessions Court. The said

statement is taken on record and marked “X” for

identification.

5. In order to consider whether the prayer of the petitioner

can be granted, it would be necessary to state a few facts:-

The Judgment Order of the Sessions Court and the

record shows that the petitioner was earlier residing near the

house of the deceased girl / prosecutrix. The deceased girl /

prosecutrix was the daughter of the complainant Smt. Suman.

The deceased girl and her siblings used to go to the house of

the petitioner to watch television. The complainant was doing

work of cutting extra threads of readymade garments with

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one cloth manufacturing company. She used to bring

readymade clothes to cut the extra thread and again return

those clothes to the company.

On 16.9.2011, the daughter of the complainant i.e the

prosecutrix aged about 14 years went to school. At about

6.30 p.m., the children including the prosecutrix returned

home. The prosecutrix started crying. On account of this, the

complainant made inquiry with her. Her daughter i.e the

prosecutrix replied that the accused (petitioner) under the

pretext of giving her Rs. 5/- took her to his house and

removed her clothes. Then he took her nude photographs on

his mobile phone, he caught hold of her and made her sleep

on the floor. He then slept on her person and tried to commit

wrong act with her. Therefore, she started raising shouts and

started crying. Then the petitioner released her. On hearing

this, the complainant scolded the prosecutrix. Thereafter, the

complainant left the house to return the clothes to the

company. When she returned back from the company along

with other clothes, she saw her daughter in burning condition

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and neighbours had gathered at the spot. They then

extinguished the fire. On inquiry by the complainant, the

prosecutrix informed her that she herself had poured

kerosene on her person and set herself on fire. The

prosecutrix was taken to the hospital, however, she expired

during treatment.

6. Looking to the above facts, we are of the opinion that no

case is made out for reduction in fine amount or in default

sentence, hence, Rule is discharged.

7. Office to communicate this order to the petitioner who is

lodged in Nasik Road Central Prison.

[ M.S. SONAK, J ] [ ACTING CHIEF JUSTICE ]

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