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Bombay High CourtAPPA/731/2019rejected

Sunil @ Pavnya Shamrao Meshram v. The State Of Mah., Thr. Pso Tq Lakhandur Dist Bhandara

2021-01-28Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

2801appa731.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 731 OF 2019 IN CRIMINAL APPEAL NO. 693 OF 2019 (Sunil @ Pavnya Shamrao Meshram vs. The State of Maharashtra thr. PSO, Lakhandur, Tahsil - Lakhandur, District - Bhandara) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri N.L. Jaiswal, Advocate for the applicant - appellant.

Shri N.R. Rode, APP for the non-applicant - respondent - State.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 28, 2021.

Heard Shri Jaiswal, learned counsel for the applicant and Shri Rode, APP for the non-applicant - State.

The applicant - appellant is convicted vide judgment dated 31.08.2018 passed by the Special Judge, Bhandara in Special Criminal (POCSO) Case No. 18 of 2016 for the offence punishable under Section 377 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act).

The evidence of the victim, who is aged about 11 years, along with her mother is supported by the

2801appa731.19 medical evidence. Considering the seriousness of the offence and the substantial evidence against the applicant - appellant, no case for suspension of sentence is made out. Criminal Application (APPA) No. 731 of 2019 is rejected.

Preparation of paper book is expedited.

JUDGE *GS.