Bombay High CourtAPPA/168/2017allowed

The State Of Maharashtra Thr. Police Station Officer, Police Station Kurha Dist. Amravati v. Chandrakant S/O. Vishnuji Meshram

2018-10-19Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa168.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.168 OF 2017 IN CRIMINAL APPEAL NO. OF 2017 ( STATE OF MAH. THR. PSO PS KURHA ..VS.. CHANDRAKANT VISHNUJI MESHRAM) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri T.A.Mirza, A.P.P. for Applicant/Appellant. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 19, 2018.

The office note shows that the notice to be served on the respondent/ accused is not issued as the appellant has not supplied copy of the memo of appeal. The learned A.P.P. states that as per his instructions, notice is served on the respondent/ accused.

None appears for the respondent/accused. Heard learned A.P.P. for the applicant/State.

I have gone through the deposition of the victim (P.W.1) who was aged about 10 years at the time of incident and about 12 years at the time of recording of her evidence. Considering the submissions made by the learned A.P.P. and the facts of the case, I am satisfied that the appellant/State has made out a case for grant of leave to file appeal to challenge the judgment passed by the Sessions Court acquitting the respondent/accused of the charge of commission of the offences punishable under Section 354A(1) (i) of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

Leave granted.

2 appa168.17 The appeal is taken up for admission.

ADMIT.

Call R & P.

Action under Section 390 of the Code of Criminal Procedure.

The respondent shall furnish P.R. Bond for Rs.Twenty Thousand and one solvent surety in the like amount before the Sessions Court.

List the appeal for hearing on 4th February 2019. JUDGE RRaut..