1 cr-wp-3652-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.W.P. NO. 3652 OF 2010 Ronald James Alwares ..Petitioner Vs. The State of Maharashtra ..Respondent .... Mr. Ashokkumar Kotangale Adv. appointed for the Petitioner Mrs. M.M.Deshmukh A.P.P. for Respondent-State. .... CORAM : B.H.MARLAPALLE AND U.D.SALVI, JJ. DATE : FEBRUARY 02, 2011 P.C.: 1 This petition has been received from Kolhapur Central Prison and registered as such. As per the order passed by us on 19th January, 2011 Mr. Kotangale came to be appointed as advocate for the petitioner. 2 We have heard him and perused the lengthy petition memo. 3 The petitioner was accused no.2 along with two other accused in Sessions Case No. 574 of 1992. The learned Additional Sessions Judge at Pune by his judgment and order dated 28/29th April, 1995 was pleased to convict all the accused and all were awarded death sentence. Confirmation Case No. 1 of 1995 came up before this Court and on 27th 2 cr-wp-3652-10 March, 1996 the order of the trial Court awarding death sentence came to be confirmed. The accused thereafter filed Criminal Appeal No. 1064 of 1997 before the Supreme Court and it came to be partly allowed on 5th March, 1998. The death sentence is substituted by life imprisonment and that is how the petitioner is undergoing life sentence. 4 It also appears from the petition that in the year 2006, the petitioner was released on parole and he jumped over it. He was absconding for 1115 days and was taken in custody by the police on 2nd January, 2010 near the Railway Station at Ambernath. In this petition, he prays for quashing of the conviction and sentence under Section 376 (g) of the I.P.C. on the ground that the concerned witnesses were unreliable, got up and therefore, their testimony was required to be discarded. 5 It is evident that the conviction of the petitioner under Section 376 (g) of the I.P.C. has been upheld by the Supreme Court as well. Thus, this petition is not maintainable. It is hereby dismissed as such. 6 Let this order be communicated to the petitioner in the concerned jail. [ U.D.SALVI, J.] [ B.H.MARLAPALLE,J.]