Bombay High CourtAPPA/518/2018allowed

Sau. Asha W/O. Baburao Upadhyaya v. State Of Maharashtra Thr. P.S.O. P.S. Ramnagar Chandrapur

2018-09-07Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0709appa518.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.518/2018 IN CRIMINAL APPEAL NO.359/2018 Sau. Asha w/o Baburao Upadhyaya ...Versus...

State of Maharashtra, through P.S.O. P.S. Ramnagar, Chandrapur, Distt. Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.V. Rai, Counsel for applicant/appellant Shri A.M. Joshi, APP for respondent CORAM : R.K. DESHPANDE AND ARUN D. UPADHYE, JJ.

DATE : 07/09/2018 The applicant is the accused no.3, who is convicted for the offence of abetment to the accused No.1 to illegally marry with a minor girl aged about 15 years. The role attributed to the applicant/accused was that when the victim refused to marry with the accused no.1Rameshwarlal, the applicant/accused no.3 abused her. This is the omission which has been proved in the crossexamination of the Investigating Officer and also of the victim. Prima facie, it seems that on the basis of omission, the applicant is convicted.

0709appa518.18.odt We, therefore, find that the applicant is entitled for suspension of sentence and grant of bail. The applicant was released on bail during the course of trial. Hence, the criminal application is allowed. The sentence imposed upon the applicant in Special POCSO Case No.62/2015 on 31/5/2018 stands suspended. The applicant/accused shall be released on bail on the same terms and conditions as were imposed while on bail during the pendency of trial.

The criminal application stands disposed of.

(Arun D. Upadhye, J.) (R.K. Deshpande, J.) Wadkar, P.S.

Digitally signed by Shailendra Sukhadeorao Wadkar Date:

2018.09.07 16:15:35 +0530 Shailendra Sukhadeorao Wadkar