Case Note & Summary
The appeal challenges the judgment and order dated 29.3.2022 passed by the Additional Sessions Judge, Nagpur in Sessions Case No. 368/2021, whereby the appellant (accused) was convicted under Section 376(2)(n) of the Indian Penal Code and sentenced to rigorous imprisonment for 10 years with a fine of Rs. 50,000/- and default simple imprisonment of three months. He was also convicted under Sections 323 and 506 of the Indian Penal Code and sentenced to rigorous imprisonment for six months each with a fine of Rs. 500/- and default simple imprisonment of 15 days respectively. The prosecution case, as per the brief facts, involved the victim who was a resident of Jaipur and was in Nagpur to dispose of a property. She had studied at St. Ursula School, Nagpur and was acquainted with Nitisingh (wife of the accused), whose name was changed to Zareen Khan after marriage. The victim had requested Nitisingh to find a buyer for her plot at Kondhali and on her assurance, the victim stayed at Nitisingh’s house on 16.1.2024. On 17.1.2021, at about 11:30 pm after a meal, while the victim was relaxing on a sofa-set in the accused’s house, the accused was present on the third floor. The excerpt of the judgment ends at this point and does not contain the court's analysis or final decision on the appeal.
Issue of Consideration
CRIMINAL APPEAL NO.411 OF 2022N
Case Details
2025 LawText (BOM) (04) 193
Criminal Appeal No. 411 of 2022
Shri Arjun Bobade for Appellant; Shri V.A.Thakare, Additional Public Prosecutor for Respondent No. 1/State; Shri J.S.Duhilani for Respondent No. 2/Victim
Juned @ Jishan s/o Gulzar @ Gulsher Khan
State of Maharashtra and XYZ victim in Crime No. 37/2021
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Nature of Litigation
Criminal appeal against conviction
Remedy Sought
Appellant seeks to set aside conviction and sentence imposed by trial court
Filing Reason
Conviction under Sections 376(2)(n), 323, and 506 IPC by trial court
Previous Decisions
Conviction by Additional Sessions Judge, Nagpur in Sessions Case No. 368/2021 dated 29.3.2022
Judgment Excerpts
the accused is convicted for offence punishable under Section 376(2)(n) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and to pay fine Rs.50,000/-, in default, to undergo simple imprisonment for three months.
On 17.1.2021, at about 11:30 pm, after meal, the victim was relaxing on sofa-set in the house of the present accused. At the relevant time, the present accused was on the third flo...
Procedural History
The appellant was tried and convicted by Additional Sessions Judge, Nagpur in Sessions Case No. 368/2021, judgment and order dated 29.3.2022. The appellant filed Criminal Appeal No. 411 of 2022 before the High Court of Judicature at Bombay, Nagpur Bench. The appeal was closed for judgment on 03/03/2025 and pronounced on 02/04/2025.
Acts & Sections
- Indian Penal Code: 376(2)(n), 323, 506