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Bombay High CourtAPPLN/653/2015disposed off

The State Of Maharashtra v. Parmeshwar Gopinath Rakh

2015-06-19Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice A. I. S. Cheema2 pages

653.15crapln FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPLICATION NO. 653 OF 2015 THE STATE OF MAHARASHTRA

VERSUS

PARMESHWAR GOPINATH RAKH ...

APP for Applicant/State : Public Prosecutor ...

CORAM : S.S. SHINDE & A.I.S. CHEEMA, JJ.

Dated: JUNE 19, 2015 ...

Heard.

Perused findings recorded by the trial Court. We find considerable force in the argument of the learned APP that at the relevant time, only husband was present and therefore, he should have offered proper explanation as to how the incident had taken place. All these aspects have not been considered properly by the trial Court. Case is established for allowing the application. Application is allowed in terms of prayer

653.15crapln clauses (B), (C) and (F) and stands disposed of. Appeal admitted.

Action u/s 390 Cr.P.C. to follow before the Court of Additional Sessions Judge, Ambejogai. (A.I.S. CHEEMA, J) (S.S. SHINDE, J) kadam/