Vidhyadhar Chodankar, Through Raghuvir Harishchandre Chodankar, J. Custody In Sada Jail. v. State, Represented By Public Prosecutor, Panaji.

vinita

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO. 27 OF 2015. VIDHYADHAR CHODANKAR, THROUGH RAGHUVIR HARISHCHANDRE CHODANKAR, J. CUSTODY IN SADA JAIL.

VS STATE, REPRESENTED BY PUBLIC PROSECUTOR, PANAJI.

....Applicant.

....Respondent.

Mr S. Desai and Ms M. Viegas, Advocate for the applicant. Mr S. G. Bhobe, Public Prosecutor for the respondent.

CORAM:

BHARAT P. DESHPANDE, J DATED:

31st January, 2024 P.C.:

1.

Heard Mr S. Desai, learned counsel for the applicant and Mr S. G. Bhobe, learned Public Prosecutor for the State. 2.

Applicant/accused as well as the victim Rama Gaonkar is present.

3.

Considering the orders passed by the Courts below and the fact that matter is of the year 2010 as well as considering the injuries sustained by Rama Gaonkar, present revision could be disposed of with the consent of the victim as well as the accused thereby reducing imprisonment awarded by the trial Courts below to the one till rising of the Court and by enhancing the compensation to be paid to the

victim. Mr Desai appearing for the applicant and on consent of the applicant/accused who is present in the Court submits that the applicant is ready and willing to pay an amount of Rs.25,000/- to victim Rama Gaonkar as compensation. Today he brought demand draft of Rs. 25,000/- in the name of Rama Gaonkar. Victim Rama Gaonkar is also present before the Court and he also agree for the enhancement in compensation and reduction of the sentence awarded by the Courts below. However, he submits that the applicant/accused shall not interfere with him in future. On asking the victim, he admits that during the period from 2010 till date there is no any other disturbance or interference by the accused/applicant. 4.

Considering the nature of the offence and the fact that compensation could be enhanced by reducing substantive sentence, matter could be disposed of without going into merits of the case. 5.

Accordingly, revision stands disposed of by modifying the impugned orders as well as the sentence as below.

ORDER

(i) Sentence awarded by the Courts below is reduced to sentence till rising of the Court. Similarly compensation is enhanced to Rs.25,000/- which shall be paid by the accused/applicant to the victim.

(ii) Applicant shall handover Demand Draft to the victim.

6.

Applicant handed over demand draft to the victim, which has been acknowledged by him.

7.

With these observations and modifications, revision application stands disposed of.

8.

Parties shall act on the duly authenticated copy of this order. BHARAT P. DESHPANDE, J.

Date: 2024.01.31 18:18:54 +05'30'

VINITA VIKAS NAIK