Vijay S/O Manoharrao Jawanjal vs State Of Maha., Thr. Pso., ...
2021 Latest Caselaw 6855 Bom

                                                     1                           apeal185.21.odt

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT NAGPUR

                             CRIMINAL APPEAL NO. 185 OF 2021
(VIJAY MANOHARRAO JAWANJAL..VS..STATE OF MAH.THR.PSO PS ASEGAON, DIST. AMRAVATI )

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Office Notes, Office Memoranda of Coram,                              Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                            Shri A.M.Jaltare, Advocate for Appellant.
                            Ms Shamsi Haider, A.P.P. for Respondent/State.

                                    CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

DATED : APRIL 29, 2021.

Heard.

ADMIT

Call R & P.

Ms Shamsi Haider, learned A.P.P. waives notice for the respondent.

CRI.APPLN.NO. 285/2021.

With the assistance of the learned Advocate for the appellant and the learned A.P.P., we have gone through the impugned judgment.

The appellant (aged about 59 years) is convicted for the offence punishable under Section 376AB of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The victim was aged about 8 years at the time of commission of the offence. One of the submissions on behalf of the appellant is that the appellant is falsely implicated and this is clear from the statement of the

2 apeal185.21.odt

victim in which she has admitted that her mother had asked her to give statement against the accused before the Court.

We have examined the statement of the victim which is reproduced by the learned Sessions Judge in paragraph No.26 of the impugned judgment. According to us, the submission of the learned Advocate for the appellant that the victim was tutored by her mother cannot be accepted at this stage, specially when nothing is shown to us that mother of the victim was cross-examined on the point that she had tutored the victim. We find that, at this stage, the appellant has not made out case for suspension of sentence. The appellant was in jail during the trial also.

Hence, the Criminal Application is dismissed.

The appellant is at liberty to file private paper- book and as soon as the private paper book is filed the appeal be listed for final hearing.

                          (AMIT B. BORKAR, J.)                   ( Z.A.HAQ, J.)


  RRaut..