Saudagar Suresh Janjal v. State Of Maharashtra

APPA147.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.147/2016 in CRIMINAL APPEAL NO.77/2016 (Saudagar Suresh Janjal ..Vs.. State of Maharashtra, thr. PSO, PS Akot File, Akola) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. A.M. Tirukh, Advocate for Applicant.

Mr. Vinod Thakare, APP for the State.

CORAM : R.K. DESHPANDE & MANISH PITALE, JJ.

DATE : 12/09/2017 This application is for suspension of sentence imposed by the trial Court of life imprisonment to the applicant/accused for the offence under section 376 (2) (f)(i) of the Indian Penal Code r/w section 4 of the Protection of Children from Sexual Offences Act. 2.

We heard learned counsel for the applicant as well as learned APP for the respondent. We have also gone through the evidence of Doctor and the fact that blood is found in the vaginal swab of the victim, referred in para 25 of the judgment. The trial Court has observed that the victim girl is minor aged 10 years only and there is no reason to find blood in her vaginal swab

APPA147.16.odt in ordinary course. The trial Court records the finding that though the victim girl has not stated anything, as tutored by her mother, and though her mother has turned hostile, medical evidence gives corroboration to the prosecution case.

3.

We do not find any reason to suspend the sentence. The application is rejected.

JUDGE JUDGE waghmare