1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1051 OF 2004 Noman Abdul Khalid Sunshare ..... Appellant. (Orig. Accused No.4) V/s State of Maharashtra & anr. ...... Respondents. ----- Mr. S.R. Chitnis, Senior Counsel i/b D. Mishra & S.V. Marwadi for the appellant. Mr. Rajesh More, APP for the State. ------ CORAM: V.M. KANADE, J. DATE: 30th September, 2008 P.C.: For the reasons separately recorded, the following order is passed:- O R D E R In the result, the appeal is partly allowed. The conviction imposed by the Trial Court is confirmed. The appellant/accused No.4, however, is sentenced to undergo rigorous imprisonment for a period for which he had already undergone. The appellant was arrested on 21/8/2004 and he is in jail since then. He has already undergone 4 years and one month in jail. The appellant, therefore, be released forthwith on the sentence which he has already undergone. The appellant/accused No.4, however, shall pay the fine if he has not paid within two days. The Police shall find the address of the complainant 2 and send the fine amount to her as directed by the Trial Court which is Rs 3000/-. The learned APP has informed me that after the complainant was rescued from the clutches of accused No.1, she was kept in remand home initially at Dongri from 22/8/2002 and, thereafter, she was kept in Special Home i.e. Deonar Child Rehabilitation Centre from 24/9/2008 and, thereafter, on 27/2/2003 she was shifted to St. Cathrine Home, Veera Desai Road, Andheri (West) Mumbai and after she attained the age of 18 years in the year 2006, her custody was handed over to her mother who has taken her to her native place. Appeal accordingly is disposed of in the aforesaid terms. Office is directed to send the writ forthwith. (V.M. KANADE, J.)