Pranay Chandrahar Mane v. The State Of Maharashtra And ANR.

RVC 6 Apeal-551-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 551 OF 2021 Shri Pranay Chandrahar Mane ... Appellant V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Pratik Deshmukh i/b Mr. Prashant Raul for the Appellant. Mr. J.P. Yagnik, APP for Respondent No.1-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 24th January 2024.

P.C. :

1) Registry has received a communication dated 23rd November, 2023, from the District Judge-2 & Addl. Sessions Judge, Satara seeking further extension of time of one year for disposal of Special Case (POCSO) No.64 of 2021.

2) Record indicates that, by an Order dated 1st December 2022, already an extension of one year was granted by this Court to dispose off the said case. Despite the said fact, various reasons are given by the learned Judge in not concluding the trial of the said case within the stipulated period.

3) It may be noted that, Section 35(2) of the Protection of Children from Sexual Offences Act ('POCSO Act') provides expeditious disposal of the 1/2

RVC 6 Apeal-551-2021.doc trial, i.e. within one year from the date of taking cognizance of the offence. 4) Learned Judge in her communication has not given the date on which, P.W. 3-the victim was in the witness box, under cross examination. We do not appreciate the practice adopted by the learned Judge of the trial Court in not only complying with the directions issued by this Court, but also the mandate of law under Section 35(2) of POCSO Act. 5) However, in the interest of justice, we grant extension of six months from today for disposal of the said Special Case (POCSO) No.64 of 2021.

6) Registrar (Judicial-I) is directed to communicate this Order to the concerned.

7) Registrar (Judicial-I) is further directed to bring this Order to the notice of the Registrar General of this Court. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT CHITTEWAN Date: 2024.01.30 11:11:59 +0530 RAJESH VASANT CHITTEWAN 2/2