Kanhaiya S/O Moti Harde, R/O Khamari, v. State Of Mah. Thr P.So. P.S. Andhalgaon, Tah Mohadi, Bhandara

appa399.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.399 OF 2019 IN CRIMINAL APPEAL NO.292 OF 2019 (Kanhaiya s/o Moti Harde Vs. The State of Maharashtra thr. PSO PS Andhalgaon, Tq. Mohadi, Dist. Bhandara and another) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri O.K. Masurke, Advocate for Applicant.

Shri V.A. Thakare, APP for Respondent 1.

Shri V.S. Bapat, Advocate for Respondent 2.

CORAM: ROHIT B. DEO, J.

DATE: 24 th FEBRUARY, 2020.

Considering that the conviction is for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and the sentence is ten years, and further considering the material on record as has impelled the trial Court to return verdict of guilt, I am not inclined to suspend the sentence. 2] However, since the sentence is not being suspended, the appeal shall have to be heard early. 3] Record and proceedings is received.

4] Paper-book is dispensed with.

5] List the appeal for final hearing at serial 1 on 12.03.2020.

JUDGE NSN