Bombay High CourtAPPA/470/2017others disposed off

Jaideo S/O. Mirnal Mirda v. State Of Maharashtra Thr. Police Station Officer, Goregaon Tah. Goregaon Dist. Gondia

2017-11-03Hon'Ble Kum. Justice Indira Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (APPA) No. 470/2017 In Criminal Appeal NO. 284 OF 20 Jaideo s/o Mirnal Mirda V/s State of Mah., Thr. Police Station Officer, Goregaon, Tah. Goregaon, Dist. Gondia.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. D.B. Patel, Advocate for Appellant.

Mr. R.S. Nayak, A.P.P. for Respondent/State.

CORAM : KUM. INDIRA JAIN, J.

DATED : 03/11/2017 Heard Shri D.B. Patel, learned counsel for applicant-appellant and Shri R.S. Nayak, learned Additional Public Prosecutor for Respondent/State.

By this application under Section 389 of the Code of Criminal Procedure, applicant/accused is seeking suspension of substantive sentence of imprisonment imposed by the learned Sessions Judge, Gondia, vide judgment and order dated 18/05/2017 in Session Trial No.117/2013. By the said judgment and order accused is convicted of the offence punishable under section 376 of the Indian Penal Code and sentenced to suffer

rigorous imprisonment for seven years with fine of Rs.1000/-, in default rigorous imprisonment for one month.

With the assistance of the learned counsel for the parties, perused the evidence of prosecutrix and medical officer. It is not in dispute that the at the relevant time prosecutrix was major. Medical evidence does not fully support the case of prosecution. Chemical Analsyer's report is in the negative.

Considering the evidence of star witnesses, term of sentence imposed by the trial Court and applicant was on bail during trial, this court is inclined to allow the application. Hence the following order.

ORDER

(i) The substantiative sentence of imprisonment is suspended on applicant's furnishing personal bond in the sum of Rs.15,000/- with one solvent surety in the like amount to the satisfaction of the trial Court.

(ii) Criminal application is allowed and disposed of accordingly.

JUDGE Nandurkar