Vishnu Chandrayya Yedulla vs The State Of Maharashtra
2021 Latest Caselaw 17551 Bom

                                  1                        cran 2620.21.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

               918 CRIMINAL APPLICATION NO.2620 OF 2021
                                  IN
                  CRIMINAL APPEAL ST NO.7634 OF 2021

                 VISHNU CHANDRAYYA YEDULLA
                               VERSUS
                  THE STATE OF MAHARASHTRA
                                  ...
        Advocate for Applicants : Mr. Dharurkar Chaitanya V.
                             (appointed)
                APP for Respondent : Mr. R D Sanap
                                  ...
       CORAM : V.K. JADHAV & SANDIPKUMAR C. MORE, JJ.

Dated: December 16, 2021 ...

PER COURT :-

1. Heard both sides.

2. Issue notice to the Respondent-State. Learned APP

waives notice for the respondent-State.

3. Learned counsel for the applicant submits that the

applicant was convicted by the Judge, Special Court (POCSO

Act), Ahmednagar by judgment and order dated 5.1.2018 in

S.C. No.165 of 2015 sentencing him to suffer imprisonment

for life till his natural death and to pay a fne of Rs.50,000/-

i.d, shall suffer S.I. for one year for the offence punishable

under section 376(2)(i) of the Indian Penal Code, for the

offence punishable u/s 354-A (1) (i) of IPC applicant is

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2 cran 2620.21.odt

sentenced to suffer R.I. for three years and to pay a fne of

Rs.5,000/-, i/d of payment of fne, to suffer S.I. for one

month, for the offence punishable under section 506 of IPC

applicant/accused is sentenced to suffer R.I. for one year

and for the offence punishable u/s 5(j)(ii) and 5(i) punishable

u/s 6 of the Protection of Children from Sexual Offences Act,

2012, however, no separate punishment is awarded to the

accused for the aforesaid offence of POCSO Act and all the

above sentences to run concurrently.

4. Learned counsel submits that the applicant was a

under trial prisoner during the course of the trial and he

came to be arrested in connection with the crime way back

in the year 2015. There is nobody in his house to look after

the case. Learned counsel submits that the Covid Pandemic

period is necessary to be excluded. Thus, considering the

entire aspect of the case and for the reasons stated in the

application, criminal application is allowed in terms of prayer

clause "B". Criminal application accordingly disposed off.

( SANDIPKUMAR C. MORE, J. ) ( V.K. JADHAV, J. ) ...

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