Bablu @ Manoj S/O Ashok Bandarkanthiwar v. State Of Mah., Thr Pso

appa575.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.575 OF 2019 IN CRIMINAL APPEAL NO.424 OF 2019 (Bablu @ Manoj s/o Ashok Bandarkanthiwar (In Jail) Vs. The State of Maharashtra thr. PSO PS Chandrapur) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.N. Morande, Advocate for Appellant.

Shri A.R. Chutke, APP for Respondent/State.

CORAM: ROHIT B. DEO, J.

DATE: 1 st JULY, 2019.

The accusation which is held to be proved that the appellant - accused committed rape on the victim who is mentally challenged.

2] The appellant is sentenced to suffer rigorous imprisonment for ten years.

3] Considering the nature of accusations and the gravity of the offence which is held proved, I am not inclined to suspend the sentence.

4] The application for suspension of sentence is rejected.

5] However, since the sentence is not being

appa575.19.O.odt suspended the appeal shall have to be heard early. 6] R & P is received.

7] The learned counsel for the appellant states that copy of every deposition and such documents as he would rely on during the course of hearing will be placed on record. However, the learned counsel states that the accused is in jail and he does not have copy of the deposition of PW 5 who is examined further after remand.

8] The registry shall permit the learned counsel to take out a copy of the said deposition.

9] List for final hearing on 18.07.2019 after the admission board.

JUDGE NSN