Bombay High Court
Balaji S/O. Malhari Devkate vs The State Of Maharashtra on 1 March, 2021
Bench: R.V. Ghuge, B. U. Debadwar
167.20crapl etc
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
3 CRIMINAL APPEAL NO.167 OF 2020
WITH APPLN/606/2020 IN APEAL/167/2020
WITH
CRIMINAL APPEAL NO.168 OF 2020
WITH APPLN/607/2020 IN APEAL/168/2020
BALAJI S/O. MALHARI DEVKATE
VERSUS
THE STATE OF MAHARASHTRA
...
Mr S. C. Bhosale, Advocate for appellant;
Mr S. D. Ghayal, A.P.P. for respondent
CORAM : RAVINDRA V. GHUGE
AND
B. U. DEBADWAR, JJ.
DATE : 1st March, 2021
PER COURT:
1. In Criminal Appeal No.167 of 2020, the appellant seeks to
challenge the judgment and order dated 8 th January, 2020, delivered by
the learned Additional Sessions Judge, Bhokar, Dist. Nanded, in
Special Case (POCSO) No.8 of 2019, vide which, the accused has
been convicted for having committed an offence punishable under
Section 376 (2)(i) of the Indian Penal Code and the Sections 4 and 6 of
the Protection of Children from Sexual Offences Act, 2012.
2. In view of the above, this appeal is "ADMITTED". The
learned Prosecutor waives service of notice on admission.
167.20crapl etc
3. The Trial Court is requested to prepare the appeal paper book in
Special Case (POCSO) No.8 of 2019, by 30th September, 2021 and
transmit the same along with the original record and proceedings, to
this Court by 30th November, 2021.
4. In Criminal Appeal No.168 of 2020, the same appellant seeks to
challenge the judgment and order dated 14 th January, 2020, delivered
by the learned Additional Sessions Judge, Bhokar, Dist. Nanded, in
Special Case (POCSO) No.10 of 2019, vide which, he has been held
guilty of commission of an offence punishable under Section 376 (2)(i)
of the Indian Penal Code and the Sections 4 and 6 of the Protection of
Children from Sexual Offences Act, 2012.
5. Since the same accused has committed offences against two
minor girls in the same village, he has been sentenced to suffer life
imprisonment for the remainder of his natural life.
6. In view of the above, this appeal is "ADMITTED". The
learned Prosecutor waives service of notice on admission.
7. The Trial Court is requested to prepare the appeal paper book in
Special Case (POCSO) No.10 of 2019, by 30th September, 2021 and
transmit the same along with the original record and proceedings, to
this Court by 30th November, 2021.
167.20crapl etc
8. Criminal Application No.606 of 2020 and Criminal Application
No.607 of 2020 have been filed by the appellant in Criminal Appeal
No.167 of 2020 and Criminal Appeal No.168 of 2020, respectively.
The learned Prosecutor appears on behalf of the respondent - State in
the said applications.
9. The learned Advocate for the appellant submits that these
applications shall be prosecuted after the receipt of the appeal paper
book. In view of the above, these applications can be heard after the
appeal paper book is received by this Court.
(B. U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.)
sjk
