The State Of Maharashtra vs Pandharinath Vitthal Thopte
2021 Latest Caselaw 3696 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION
                       CRIMINAL APPEAL NO.1217 OF 2005

The State of Maharashtra                ....Appellant
          V/s.
Pandharinath Vitthal Thopte         ....Respondent
                                   ----
Mrs. Anamika Malhotra, APP for State - Appellant.
Mr. Milind Deshmukh for respondent.
                                   ----
                                    CORAM : K.R.SHRIRAM, J.

DATED : 26th FEBRUARY 2021

P.C. :

1 This is an appeal impugning an order and judgment dated

24th November 2004 passed by the Judicial Magistrate First Class, Ghodnadi,

Pune, acquitting accused of offences punishable under Sections 341, 504

and 506 of the Indian Penal Code.

2 At the outset, I have to note that the offence alleged is of

7th September 1979. The charge was framed on 13 th May 1996 and an

additional charge under Section 341 was framed some time in the year

2001. The evidence recorded does not make sense. Original accused nos.1

and 2 have already died. There is already an acquittal. The appeal has been

lodged in 2005. Even for a moment we assume that the order of acquittal

has to be reversed and is reversed (a) there is no evidence under Sections

504 and 506 and (b) under Section 341 punishment is a maximum of one

month or fine which may extend to five hundred rupees or both.

Gauri Gaekwad
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               3               After perusing the order and keeping in mind the larger

considerations of justice like the incident being nearly 42 years old and the

sentence which would be awarded to respondent even if he is convicted, I

am of the view, that no case for interference is made out with the impugned

order.

4 In the circumstances, the appeal is dismissed.

           Digitally signed
           by Gauri A.                                               (K.R. SHRIRAM, J.)
           Gaekwad
Gauri A.   Date:
Gaekwad    2021.03.03
           17:24:11
           +0530




               Gauri Gaekwad