Case Note & Summary
The appeal was filed by the appellant Javed Akhtar Basiulla Ansari against his conviction by the Additional Sessions Judge-3, Thane in Sessions Case No. 248 of 2014 on 7 February 2017. The appellant was convicted under Sections 364A and 386 of the Indian Penal Code, 1860. He was sentenced to life imprisonment and a fine of Rs. 1000 under Section 364A, and to rigorous imprisonment for five years and a fine of Rs. 500 under Section 386. The trial court acquitted him of offences under Section 25(1)(c)(1-a) of the Arms Act, 1959 and Section 37(1)135 of the Bombay Police Act, 1951 due to lack of sanction/prosecution evidence. The appeal was heard by a Division Bench of the High Court of Judicature at Bombay comprising Justice Revati Mohite Dere and Justice Dr. Neela Gokhale. The judgment was reserved on 23 April 2025 and pronounced on 30 April 2025. The appellant was represented by Mr. B. A. Lawate and the State by APP Mr. Ashish I. Satpute. The outcome of the appeal is not mentioned in the available text.
Issue of Consideration
CRIMINAL APPEAL NO. 296 OF 2017
Case Details
2025 LawText (BOM) (04) 68
Criminal Appeal No. 296 of 2017 with Interim Application No. 5098 of 2024
Revati Mohite Dere, Dr. Neela Gokhale
B. A. Lawate, Ashish I. Satpute
Javed Akhtar Basiulla Ansari
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Nature of Litigation
Criminal appeal challenging conviction for kidnapping for ransom and extortion.
Remedy Sought
The appellant seeks to set aside the conviction and sentence passed by the trial court.
Filing Reason
The appellant was convicted and sentenced by the Sessions Court, prompting the appeal.
Previous Decisions
The Additional Sessions Judge-3, Thane convicted the appellant in Sessions Case No. 248 of 2014 on 7 February 2017 under Sections 364A and 386 IPC and acquitted him under Arms Act and Bombay Police Act charges.
Issues
Whether the conviction under Sections 364A and 386 IPC is sustainable.
Whether the acquittal under Arms Act and Bombay Police Act was proper due to lack of sanction.
Judgment Excerpts
The Appellant assails the Judgment and Order dated 7th February 2017 passed by the Additional Sessions Judge-3, Thane in Sessions Case No.248 of 2014.
Procedural History
The case was investigated by Bhiwandi City Police Station vide C.R.No.I-232 of 2013. The appellant was tried in Sessions Case No. 248 of 2014 before the Additional Sessions Judge-3, Thane, who convicted him on 7 February 2017. The appeal was filed before the High Court as Criminal Appeal No. 296 of 2017.
Acts & Sections
- Indian Penal Code, 1860: 364A, 386
- Arms Act, 1959: 25(1)(c)(1-a)
- Bombay Police Act, 1951: 37(1)135
