Ravi S/O Radheshyam Kawre v. The State Of Maharashtra Thr. Pso, Ps, Hudkeshwar, Nagpur

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.1161 OF 2024 IN CRIMINAL APPEAL ST. NO.9691 OF 2024 Ravi s/o Radheshyam Kawre (in Jail) (Vs.) State of Maharashtra, thr. PSO, PS Hudkeshwar, Nagpur ____________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. K.G. Rathi, Advocate (appointed) for the appellant/applicant. Mr. A.R. Chutke, APP for the respondent/State. CORAM : G.A. SANAP, J.

DATE : 03.12.2024 Issue notice to the respondent.

Learned APP waives service of notice on behalf of the respondent.

Heard learned Advocate for the appellant and learned APP for the respondent/State.

This is an application for condonation of 648 days delay in filing the appeal against the impugned judgment and order dated 21.09.2022, passed by the learned Extra Joint District Judge and Additional Sessions Judge, Napgur. The appellant/accused has been sentenced to suffer rigorous imprisonment for twenty years and to pay a

2/3 fine of Rs.5000/-, in default of payment of fine, rigorous imprisonment for two months for the offence under Section 5(1) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant/accused has been further convicted for the offence punishable under Sections 363, 366 and 376(2)(n) of the Indian Penal Code and for the offence under Section 3 punishable under Section 4 of the POCSO Act. However, no separate sentence has been awarded for these offences.

5.

In view of the facts stated in the application, the application is allowed. The delay of 648 days caused in filing the appeal is condoned. 6.

The appeal be registered.

7.

The application stands disposed of accordingly.

CRIMINAL APPEAL ST. NO.9691 OF 2024 1.

Heard.

ADMIT.

Issue notice to the respondent.

Learned APP waives service of notice on

3/3 behalf of the respondent.

5.

Call for the record and proceedings.

CRIMINAL APPLICATION ST. NO.9242/2024 1.

Heard.

Issue notice to the respondent.

Learned APP waives service of notice on behalf of the respondent.

Four weeks' time is granted for filing reply.

5.

Stand over after four weeks.

JUDGE manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 06/12/2024 18:29:10