Abdul Aziz Lalmiya Deshmukh (In Jail) v. State Of Mah., Thr. Pso Borgaon Manju Dist Akola

1 Cr.APPA930.2019

IN THE HIGH COURT OF JUDICTURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 930/2019 IN CRIMINAL APPEAL NO. 788/2019 Abdul Aziz Lalmiya Deshmukh, ..VS..

The State of Maharashtra, Through P.S.O., Borgaon Manju, District Akola. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri A. V. Band, Advocate for the applicant, Ms S. V. Kolhe, APP for the respondent.

CORAM : SUNIL B. SHUKRE AND MADHAV J. JAMDAR, JJ.

DATED : 22 nd January, 2020 Heard learned counsel for the applicant and learned APP for the State.

Perused the impugned judgment and order and the evidence available on record. The evidence of P.W.2, the victim of crime, P.W.1, the mother of victim of crime and P.W.5 the Medical Officer who medically examined the victim of the crime, in particular, in our opinion prima facie support the findings recorded in this case by the learned Additional Sessions Judge / Special Court. Of course there is a delay of one day in lodging the report. But, there are facts and circumstances brought on record, which prima facie do not support the

2 Cr.APPA930.2019 case of the applicant. Therefore, we are not inclined to allow this application. The application stands rejected. Final hearing of the appeal is expedited. Paper Book be prepared within four weeks from the date of the order.

Stand over to 27.02.2020 for final hearing.

JUDGE JUDGE Kirtak