Dilip Ramsharan Varma v. The State Of Maharashtra And ANR

1/2 3 IA 3768-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3768 OF 2024 IN CRIMINAL APPEAL NO.1778 OF 2019 Dilip Ramsharan Varma ..

Applicant

Versus

The State of Maharashtra and anr ..

Respondents WITH INTERIM APPLICATION NO.3097 OF 2024 IN CRIMINAL APPEAL NO.1778 OF 2019 Dilip Ramsharan Varma ..

Applicant

Versus

The State of Maharashtra ..

Respondent WITH INTERIM APPLICATION NO.1494 OF 2019 IN CRIMINAL APPEAL NO.1778 OF 2019 Dilip Ramsharan Varma ..

Applicant

Versus

The State of Maharashtra and anr ..

Respondents Mr.Amit Mane for the Applicant/Appellant.

Ms. Dhruti Kapadia for respondent no.2/Amicus Curiae appointed by Court.

Mr.S.V. Gavand, APP for the State.

CORAM: NITIN W. SAMBRE, & MANJUSHA DESHPANDE, JJ.

DATED : 7th OCTOBER, 2024 Ashish

2/2 3 IA 3768-24.doc P.C:- The Applications are not pressed, as such stands disposed of.

Criminal Appeal No.1778 of 2019 The victim is informed to be the real sister of the applicant, who in turn is alleged to have not supported the case of the prosecution.

The learned APP assisted by Ms. Kapadia learned counsel appearing for the victim, submits that the conviction is based on the medical evidence and the testimony of the Magistrate, who has recorded the statement of victim under Section 164 of Cr.P.C. The applicant/accused is informed to have already undergone more than 10 years of imprisonment, without considering the remission, who happened to be the real brother of the victim. In this background, particularly having regard to the testimony of the victim, we deem it appropriate to direct that the Appeal to be added to final hearing board in the second week of February, 2025.

If not heard before May, 2025, liberty to apply afresh. (MANJUSHA DESHPANDE,J) (NITIN W. SAMBRE,J) Ashish