-: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 CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 548 OF 2006 APPEAL NO. 548 OF 2006 APPEAL NO. 548 OF 2006 Mohsin @ Sahil Sheru Firos Khan. Appellant. V/s. The State of Maharashtra. ... Respondent. Mr. Sachin Dalvi i/b. P.R. Dave for the Appellant. Mrs. M.M. Deshmukh, A.P.P. for the State. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & K.U. K.U. K.U. CHANDIWAL,JJ. CHANDIWAL,JJ. CHANDIWAL,JJ. DATE DATE DATE : 28TH APRIL, 2008. : 28TH APRIL, 2008. : 28TH APRIL, 2008. P.C. P.C. P.C. : : : . The aforesaid Appeal is filed against the conviction and sentence imposed on the Appellant under Sections 364-A and 387 of the Indian Penal Code. 2. The conviction and sentence imposed on the Appellant under Sections 364-A and 387 of I.P.C. is set aside. However, we confirm the conviction under Section 363 of I.P.C. We also confirm the conviction under Section 384 of the Indian Penal Code. 3. However, considering that the Petitioner is a young person who had passed H.S.C. examination when the incident occurred, we sentence him for a period of 2 years and 6 months under Section 363 of I.P.C. and also to pay a fine of Rs.1,000/-. In default to pay the fine to suffer R.I. for three months. For the offence punishable under Section 382 of I.P.C. he is -:2:- sentenced to suffer R.I. for one year. All the substantive sentences to run concurrently. 4. The Appellant was arrested on 16.06.2005 and released on 18.8.2005. After conviction on 16.06.2005 till date he is in prison. The imprisonment already undergone to be set off against the sentence imposed. The accused to be released on completing the sentence of two years and six months. 5. Appeal is partly allowed. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.) (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)