Bombay High CourtAPPA/602/2019disposed off

Dipak @ Kalwa Kisanlal Soni v. State Of Mah., The Officer In Charge Pso Ps Lakadganj Nagpur

2019-09-05Hon'Ble Shri Justice V.M. Deshpande2 pages

appa602.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.602/2019 IN CRIMINAL APPEAL NO.493/2019 Dipal alias Kalwa Kisanlal Soni .vs. The State of Maharashtra through PSO P.S. Lakadganj, Dist. Nagpur.

_____________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. K. Sable, Advocate appointed for applicant. Mr. J. Y. Ghurde, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : SEPTEMBER 5, 2019 Heard Mr. Sable, learned appointed counsel for applicant and Mr. Ghurde, learned A.P.P. for non applicant-State. Also, perused the impugned judgment and order.

Applicant is convicted by learned Additional Sessions Judge, Nagpur on 04.02.2018 in Special Child Criminal Case No.45/2013, thereby convicting applicant for an offence punishable under Section 376 (1) of the Indian Penal Code and Section 5 and 6 of the Protection of Children From Sexual Offences Act, 2012 and he is directed to suffer rigorous imprisonment for ten years. The applicant is in jail right from the date of his arrest and his case was tried as an under trial prisoner. Looking to the fact that applicant was not on bail during the course of trial and age of girl is 10 years and the material brought on record by the prosecution is

appa602.19.odt correctly evaluated by learned Judge of Court below, I do not see any reason to suspend substantive jail sentence of the applicant. Hence, I pass the following order.

ORDER

(i) The application is rejected.

(ii) Criminal Appeal No.493/2019, being a jail appeal, be immediately placed for final hearing before the Court.

(iii) High Court Legal Services Sub Committee, Nagpur is directed to pay Rs.2,500/- as professional charges to Mr. S.K.Sable, Advocate appointed for the applicant.

The application is disposed of.

JUDGE kahale