Pravin @ Pavya S/O Ratan Kodape v. State Of Maharashtra, Through Its P.S.O. P.S. Butibori, Nagpur

ba333.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.333/2015 Pravin @ Pavya s/o Ratan Kodape ..vs.. State of Maharashtra, through PSO P. S. Butibori, Tq. Dist. Nagpur __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. N. K. Sidam, Advocate for applicant.

Mr. Bangadkar, A.P.P. for non applicant-State. CORAM : A.B. CHAUDHARI, J.

DATE :

JULY 17, 2015.

Heard learned counsel for the parties. Perused the statements as well as the medical report. Though the medical report does not show injury to the boy who is aged about 3 1⁄2 years, the statement clearly shows prima facie evidence of attempt to commit unnatural sex with the boy. In any case, for an attempt also, the law provides for half the sentence of the sentence which is provided for the substantive offence. For the substantive offence, the sentence provided is for imprisonment for life.

Looking to the statement and provision of the POCSO Act, I am not inclined to allow the present application. Hence, following order is passed.

ORDER

(i) Criminal Application (BA) No. 333/2015 is rejected.

JUDGE kahale