Bombay High Court
Laxman S/O. Sudam Toge vs The State Of Maharashtra on 26 October, 2021
Bench: V.K. Jadhav, Sandipkumar Chandrabhan More
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2336 OF 2021 IN
CRIMINAL APPEAL NO. 519 OF 2018
Laxman s/o Sudam Toge Applicant
Versus
The State of Maharashtra Respondent
Mr. N. R. Thorat, advocate for the applicant.
Mr. R. V. Dasalkar, APP for the Respondent-State.
CORAM : V.K.JADHAV AND
SANDIPKUMAR C. MORE, JJ.
DATE : 26th October, 2021.
PC :
1. By the judgment and order of conviction, dated
18th June, 2018, in Special (POCSO) Case No. 41 OF 2017, the
Special Judge, Beed, has convicted the appellant-accused for the
offence punishable under Section 376 (2 )(f) of the Indian Penal
Code and sentenced him to suffer R.I. for twelve years and to pay
fine of Rs.2000/-, in default, to suffer further R.I. for three
months. In view of the same, though the applicant-appellant is
found guilty for the offence under Sections 4 & 8 of the Protection
of Children from Sexual Offences Act, 2012, the learned trial Judge
has not passed separate sentence.
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2. On last occasion, the learned A.P.P. has raised
preliminary objection that the appeal should be heard by the
learned Single Judge of this Court in terms of Chapter I Rule 2 of
the Bombay High Court Appellate Side Rules, 1960. By an order
dated 22nd October, 2021, we have directed the Registrar (Judicial)
of this Court to submit the report as to whether the appeal would
lie before the learned Single Judge of this Court or otherwise.
3. The learned A.P.P. and the learned Counsel for the
appellant also sought time.
4. Today, the Registrar (Judicial) of this Court has
submitted the report. The learned A.P.P. has also placed reliance
on the case of Bankim Rasiklal Shah Vs. NCB, Ahmedabad &
others, (Criminal Appeal No.586/2005), wherein the Division
Bench of this Court (Coram: Smt. V.K.Tahilramana, Acting CJ &
Dr. Shalini Phansalkar-Joshi, J.), interpreted rule 2 (II) (a) of
Chapter I of the Bombay High Court Appellate Side Rules, 1960.
5. In the case cited, the appellant has been convicted
under Section 20(b) (ii) (c) of the Narcotic Drugs and Psychotropic
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Substances Act, 1985 and sentenced to suffer R.I. for fourteen
years and to pay fine of Rs. Two lakhs, in default, to suffer R.I. for
two years. The Division Bench, in para nos.4 & 5 of the judgment,
made the following observations:
"4. It is seen that Rule 2 (II) (a) of Chapter I
of the Bombay High Court Appellate Side Rules,
1960 as amended by Maharashtra Act No.
XXVII of 2008, clearly states as under:
"2. Matters disposed of by a Single Judge - Save
as otherwise expressly provided by these rules, a
Single Judge may dispose of the following matters :-
I. Civil - ............
II. Criminal -
(a) Appeals against convictions, except in which
the sentence of death or imprisonment for life has
been passed, appeals against acquittals wherein
the offence with which the accused was charged is
one punishable on conviction with a sentence of
fine only or with a sentence of imprisonment not
exceeding ten years or with such imprisonment and
fine, and appeals under Section 377 of the Code of
Criminal Procedure, revision applications and
Court notices for enhancement of sentence for
offences punishable on conviction with sentence of
fine only or with sentence of imprisonment not
exceeding ten years or with such imprisonment and
fine."
5. In view of above noted rules, this matter
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would clearly lie before a Single Judge, hence
office to take necessary steps."
6. Thus, considering the view taken by the Division
Bench of this Court interpreting rule 2 (II) (a) of Chapter I of the
Bombay High Court Appellate Side Rules, 1960, and also the
report of the Registrar (Judicial) of this Court, referring the same
judgment in the report, this matter would lie before the learned
Single Judge of this Court.
7. Office to take necessary steps. Remove from the
board.
(SANDIPKUMAR C. MORE) (V.K.JADHAV)
JUDGE JUDGE
adb
