Rajkumar @ Vikykumar Avadhkishor Choudhary v. The State Of Maharashtra And ANR.

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2.APEAL-977-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.977 OF 2022 Rajkumar @ Vikykumar Avadhkishor Choudhary .....Appellant

Versus

The State of Maharashtra and another .... Respondents .....

WITH INTERIM APPLICATION NO.2367 OF 2024 IN CRIMINAL APPEAL NO.977 OF 2022 .....

WITH INTERIM APPLICATION NO.2370 OF 2024 IN CRIMINAL APPEAL NO.977 OF 2022 ----- Mr. Vaibhav V. Ugle, Advocate (appointed) a/w. Shubham Vasekar for the Appellant.

Smt. Manisha R. Tidke, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 06th AUGUST, 2024 P.C. :

1.

This Appeal is placed for directions today. The Appeal was heard on 31.7.2024. After reaching the conclusion in the matter, the question of sentence was Deshmane(PS)

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2.APEAL-977-22.odt considered. Both the learned counsel made certain submissions on the sentence imposed on the Appellant. However, before the judgment could be finalized and signed, it was noticed that the minimum sentence provided under Section 376(1) of IPC at the relevant time was ten years. Therefore, the matter is placed on today's board to seek the response of the learned counsel appearing for the parties. 2.

I have heard the parties on the sentence and in particular on the point of minimum sentence that can be imposed under Section 376(1) of IPC and under Section 4 of POCSO Act with reference to Section 42 of the POCSO Act. The arguments are concluded. The Appeal is reserved for judgment.

(SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2024.08.07 14:20:44 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE