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Bombay High CourtAPPLN/2998/2022disposed off

Ramrao Ashruba Sabale v. The State Of Maharashtra And Another

2023-01-12Hon'Ble Shri Justice N. B. Suryawanshi2 pages

{1} 957-APPLN-2998-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2998 OF 2022 IN CRIMINAL APPEAL NO. 656 OF 2022 Ramrao Ashruba Sabale ...Applicant

Versus

The State Of Maharashtra And Another

...Respondents

Mr. N.S. Ghanekar, Advocate for the applicant. Mr. A.A. Jagatkar, APP for respondents.

Mr. D.P. Madkar, advocate appointed for respondent No. 2. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 12 th JANUARY, 2023 ORDER :

1.

By this application applicants seeks suspension of sentence of rigorous imprisonment of 20 years awarded by Special Judge, Aurangabad in Special Case (POCSO) No. 11 of 220, under sections 376(2)(i), 452, 354, 342 of the Indian Penal Code and under sections 4(2), 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

Heard the learned advocate for the applicant, learned Additional Public Prosecutor and learned advocate for respondent No. 2. Perused the notes of evidence and judgment of Special Court.

Bhagyawant Punde

{2} 957-APPLN-2998-2022 3.

Prima facie, there appears sufficient material on record to sustain the conviction of the applicant. At this stage, detail appreciation of evidence is not possible and it is not necessary also. Hence, the application is rejected. 4.

Fees of learned advocate Shri. D.P. Madkar, appointed to represent respondent No. 2 is quantified at Rs. 3,000/- to be paid by Legal Aid Services Authority (Sub Committee), Aurangabad, within four weeks from today. [NITIN B. SURYAWANSHI, J.] Bhagyawant Punde