1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 496 OF 2002 APPEAL NO. 496 OF 2002 APPEAL NO. 496 OF 2002 Someshwar Siddappa Wali @ Birajdar..Appellant Versus The State of Maharashtra .. Respondent .. Mr.R.V.More with Mr.Umesh Mankapure and Mr. Shantaram Dheple for Appellant Mr.D.P.Adsule A.P.P. for State. CORAM CORAM CORAM : : : V.M.KANADE, J V.M.KANADE, J V.M.KANADE, J DATE: DATE: DATE: 12TH OCTOBER, 2004 12TH OCTOBER, 2004 12TH OCTOBER, 2004 P.C.: P.C.: P.C.: 1. Heard learned counsel Mr. Mankapure appearing for the appellant along with Mr. More and learned A.P.P. for the State. 2. For the reasons separately recorded, the appeal is partly allowed. The conviction under section 376 IPC is set aside. The accused is convicted under section 354 of the I.P.C. and sentenced to suffer R.I. for two years. The appellant is in jail since 7th February, 2001. He has therefore already undergone the sentence. The appellant therefore be discharged forthwith unless he is otherwise required in any other case. V.M.KANADE, J