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Bombay High CourtAPPA/353/2017others disposed off

Dharmendra S/O. Ganpat Shedmake (In Jail) v. State Of Maharashtra Thr. Pso Gadchiroli Dist. Gadchiroli

2018-03-05Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 apeal223.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPA) NO.353 OF 2017 IN CRIMINAL APPEAL NO.223 OF 2017 (Dharmendra s/o Ganpat Shedmake ..vs.. The State of Maharashtra, through PSO Gadchiroli) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the appellant, Shri V.P. Maldhure, Addl.P.P. for the respondent. CORAM : ROHIT B. DEO, J.

DATED : 05-03-2018 The learned Counsel for the appellant has not placed on record copies of the depositions of witnesses although he was directed to do so by order dated 30-112017. 2.

I have perused the judgment impugned, by and under which the applicant-accused is convicted for offence punishable under Section 376 of the Indian Penal Code ("IPC" for short) and is sentenced to suffer rigorous imprisonment for seven years and is further convicted for offence punishable under Section 366(A) read with Section 34 of the IPC and is sentenced to suffer rigorous imprisonment for five years and is further convicted for offence punishable under Section 372 read with Section 34 of the IPC and Section 5 of the Immoral Traffic (Prevention) Act.

2 apeal223.17 3.

The charge proved is of inducing innocent village girls and forcing them into prostitution and living on the earnings of the flesh trade.

4.

Having given my anxious consideration to the reasoning of the learned Sessions Judge, and the heinous nature of the role of the applicant-accused, no case is made out for suspension of sentence and grant of bail. 5.

The applicant-accused is directed to file on record private paper-book within four weeks.

6.

List the appeal for final hearing alongwith connected matters as soon as the paper-book is filed. JUDGE adgokar