# Mumbai Suburban Man & Ors. v. \[name withheld\] of Maharashtra & Ors. (\[name withheld\] fake-encounter appeals; Criminal Appeal Nos. 854/2013 and 350/2015 against acquittal; citation \[2024\]BHC-AS:13217-DB)

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2w4-04-001](https://datalibertarian.in/babuwatch/trial-court/t2w4-04-001)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w4-04-001.json](https://datalibertarian.in/babuwatch/data/case/t2w4-04-001.json)

Trial-court conviction (Bombay High Court, Appellate Side (Justices Revati Mohite Dere and Gauri Godse) — conviction entered 19-03-2024 reversing acquittal dated 12-07-2013 by Ad-hoc Additional Sessions Judge, City Civil & Sessions Court, Greater Bombay (Sessions Case No. 317/2010); Sessions Court). Convicted 19 March 2024. Appeal status: Appeal pending.

## Summary

On 19 March 2024 the Bombay High Court (Justices Revati Mohite Dere and Gauri Godse) quashed the 12 July 2013 acquittal of encounter specialist \[name withheld\] by the Ad-hoc Additional Sessions Judge, City Civil and Sessions Court, Greater Bombay (Sessions Case No. 317/2010) and convicted him for the abduction and staged-encounter murder of a Mumbai Suburban man at Versova on 11 November 2006, imposing life imprisonment on the murder counts with all sentences concurrent and directing surrender within three weeks. The court held the prosecution had proved the formation of Sharma's police squad, the wrongful confinement and criminal abduction of the victim, and the fake encounter. The life terms of the 13 other (mostly police) convicts from the 2013 trial were upheld in the same judgment and are covered by sibling rows; Sharma's 2024 conviction on the \[name withheld\]/complainant appeals against his acquittal is a distinct in-band guilty finding. Sharma appealed to the Supreme Court (\[name withheld\] vs \[name withheld\] of Maharashtra), which granted him interim relief while refusing to suspend the conviction for contesting assembly elections; appeal therefore pending.

## Report card

By judgment dated 19 March 2024, the Bombay High Court, Appellate Side (Justices Revati Mohite Dere and Gauri Godse) — conviction entered 19-03-2024 reversing acquittal dated 12-07-2013 by Ad-hoc Additional Sessions Judge, City Civil & Sessions Court, Greater Bombay (Sessions Case No. 317/2010) convicted the Police Inspector (encounter specialist; D.N. Nagar Police Station, Mumbai at the time), Mumbai Police.

- Register number: MH 01 CW 0042
- Case reference: Criminal Appeal Nos. 854 of 2013 and 350 of 2015 (with connected appeals)
- Court and date: The Bombay High Court, Appellate Side (Justices Revati Mohite Dere and Gauri Godse) — conviction entered 19-03-2024 reversing acquittal dated 12-07-2013 by Ad-hoc Additional Sessions Judge, City Civil & Sessions Court, Greater Bombay (Sessions Case No. 317/2010), 19 March 2024
- Officer(s) at the material time: Police Inspector (encounter specialist; D.N. Nagar Police Station, Mumbai at the time), Mumbai Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 120B read with Section 364 of the Indian Penal Code, 1860; Section 120B read with Section 365 of the Indian Penal Code, 1860; Section 120B read with Section 368 of the Indian Penal Code, 1860; Section 368 of the Indian Penal Code, 1860; Section 120B read with Section 302 of the Indian Penal Code, 1860; Section 364 read with Section 109 read with Section 120B of the Indian Penal Code, 1860; Section 365 read with Section 109 read with Section 120B of the Indian Penal Code, 1860; Section 344 read with Section 34 of the Indian Penal Code, 1860; Section 302 read with Section 34 of the Indian Penal Code, 1860; Section 201 read with Section 109 read with Section 120B of the Indian Penal Code, 1860; Section 119 of the Indian Penal Code, 1860
- Finding of the Court (extract): “extent that it acquits OA1- \[name withheld\], is quashed and set-aside and the respondent (OA1) in Criminal Appeal No. 854/2013 and Criminal Appeal No. 350/2015, is convicted and sentenced as under”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: Imprisonment for life on the murder/kidnapping counts (120B r/w 364; 120B r/w 302; 364 r/w 109 r/w 120B; 302 r/w 34) + 7 years RI on the abduction counts + 3 years RI on the remaining counts; all substantive sentences concurrent; surrender before the appropriate court within three weeks
- Present status of the proceedings: An appeal is pending; the pendency of an appeal is not a finding.
- Source orders: [Judgment / order (primary source)](https://www.verdictum.in/pdf_upload/ordjud-1602245.pdf); [Appellate judgment](https://www.barandbench.com/amp/story/news/supreme-court-grants-interim-relief-convicted-former-cop-pradeep-sharma-fake-encounter-case); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w4-04-001)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: fake encounter extrajudicial killing
- Location: Mumbai Suburban, Maharashtra
- Officers: Police Inspector (encounter specialist; D.N. Nagar Police Station, Mumbai at the time), Mumbai Police
- Sentence: Imprisonment for life on the murder/kidnapping counts (120B r/w 364; 120B r/w 302; 364 r/w 109 r/w 120B; 302 r/w 34) + 7 years RI on the abduction counts + 3 years RI on the remaining counts; all substantive sentences concurrent; surrender before the appropriate court within three weeks
- Verification: V2 · Trial court