Pundalik Ganpat Gole v. The State Of Maharashtra

ssm 1 46-wp5984.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5984 OF 2021 Pundalik Ganpat Gole .....Petitioner Vs.

The State Of Maharashtra .....Respondent Mr. Mahesh H. Chandanshiv, appointed Advocate for the Petitioner. Mr. Ajay Patil APP, for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 15th FEBRUARY, 2023.

P.C.:- Heard Mr. Chandanshiv, learned Advocate appointed to represent the Petitioner and the learned APP. Perused detailed report of the learned Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai dated 10th December, 2019. Perusal of said report clearly indicates that, it is self-eloquent and requires no further explanation in that behalf. The Petitioner has been convicted under Sections 377, 307, 304(II), 354 and other related Sections of the IPC.

It is stated that, the facts proved before the Court are to the effect that the Petitioner was running Children Home on Government grant and instead of taking care of minor victims, he sexually abused and ravished those children and assaulted them. That, the Petitioner has been 1/2

ssm 2 46-wp5984.21.doc held guilty for committing homicidal death of 5 children and has been convicted under Section 304(II) of the IPC.

2) In view thereof, we find that the opinion given by the learned Judge of the trial Court requires no re-appreciation and interference by this Court. The State Government has therefore rightly rejected the request of the Petitioner to grant him remission of two months in pursuance of Circular dated 3rd June, 2017 issued by Government of Maharashtra on the occasion of 125th Birth Anniversary of Dr. Babasaheb Ambedkar. Petition is accordingly dismissed.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2023.02.27 17:03:44 +0530 SANJIV SHARNAPPA MASHALKAR 2/2