Vishnu Chandrayya Yedulla v. The State Of Maharashtra

cran 2620.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CRIMINAL APPLICATION NO.2620 OF 2021 IN CRIMINAL APPEAL ST NO.7634 OF 2021 VISHNU CHANDRAYYA YEDULLA

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Dharurkar Chaitanya V. (appointed) APP for Respondent : Mr. R D Sanap ...

CORAM : V.K. JADHAV & SANDIPKUMAR C. MORE, JJ. Dated: December 16, 2021 ...

PER COURT :- 1.

Heard both sides.

2.

Issue notice to the Respondent-State. Learned APP waives notice for the respondent-State.

3.

Learned counsel for the applicant submits that the applicant was convicted by the Judge, Special Court (POCSO Act), Ahmednagar by judgment and order dated 5.1.2018 in S.C. No.165 of 2015 sentencing him to suffer imprisonment for life till his natural death and to pay a fne of Rs.50,000/- i.d, shall suffer S.I. for one year for the offence punishable under section 376(2)(i) of the Indian Penal Code, for the offence punishable u/s 354-A (1) (i) of IPC applicant is aaa/-

cran 2620.21.odt sentenced to suffer R.I. for three years and to pay a fne of Rs.5,000/-, i/d of payment of fne, to suffer S.I. for one month, for the offence punishable under section 506 of IPC applicant/accused is sentenced to suffer R.I. for one year and for the offence punishable u/s 5(j)(ii) and 5(i) punishable u/s 6 of the Protection of Children from Sexual Offences Act, 2012, however, no separate punishment is awarded to the accused for the aforesaid offence of POCSO Act and all the above sentences to run concurrently.

4.

Learned counsel submits that the applicant was a under trial prisoner during the course of the trial and he came to be arrested in connection with the crime way back in the year 2015. There is nobody in his house to look after the case. Learned counsel submits that the Covid Pandemic period is necessary to be excluded. Thus, considering the entire aspect of the case and for the reasons stated in the application, criminal application is allowed in terms of prayer clause "B". Criminal application accordingly disposed off. ( SANDIPKUMAR C. MORE, J. ) ( V.K. JADHAV, J. ) ...

aaa/-