Tausif Habib Sheikh v. State Of Mah. Through P.S.O. Desaiganj

appa1.18.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION ( APPA ) NO.

IN CRIMINAL APPEAL NO.1 OF 2018 (Tausif Habib Sheikh Vs. State of Maharashtra thr. PSO Desaiganj, Tah. Desaiganj, Dist. Gadchiroli) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri S.A. Bramhe, Advocate for Applicant.

Shri N.R. Patil, APP for Respondent-State.

CORAM: ROHIT B. DEO , J.

DATE: 2 nd FEBRUARY, 8 .

The applicant-accused is convicted for offence punishable under Section 375 of the IPC read with section 4 and 6 of the Protection of Children from Sexual Offences Act to suffer rigorous imprisonment for seven years and is further convicted for offence punishable under Section 506-II of the IPC and is sentenced to suffer rigorous imprisonment for three years.

The facts are by and large admitted. The only issue would be whether the prosecution has established beyond reasonable doubt that the prosecutrix was aged less than 18 years.

I am not inclined to suspend the sentence. However, I deem it appropriate to dispense with the paper book. The record and proceedings is available. With the consent of the learned counsel for the

appa1.18.O.odt 2 accused and the learned A.P.P. list the appeal for final hearing on 12.02.2018 at serial 1.

JUDGE NSN