Dhanraj Anna More vs The State Of Maharashtra
2021 Latest Caselaw 15666 Bom

                                                                  7-ia-2641-21 in apl-893-21


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                INTERIM APPLICATION NO. 2641 OF 2021
                                IN
                  CRIMINAL APPEAL NO. 893 OF 2021

 Dhanraj Anna More                                         ..Applicant
      Vs.
 The State of Maharashtra                                  ..Respondent
                                          ----

 Mr. Vaibhav Kulkarni, for the Applicant.
 Mr. S. R. Agarkar, APP for the Respondent / State.
                                 ----

                                        CORAM : C.V. BHADANG, J.
                                        DATE : 29 OCTOBER 2021

 P.C.


 .        This Application is placed before this Bench as the regular
 Bench taking up the matter is not available.


 2.       The Appellant/Applicant was tried for the offence punishable
 under Section 354-A(1)(i) of the IPC and Section 7, 8, 11(iii) r/w.
 Section 12 of the Protection of Children from Sexual Offences Act
 (POCSO Act).                  The learned Special Judge by the impugned
 judgment              dated    16   September   2021      has     acquitted          the
 Appellant/Applicant from the offence under the POCSO Act on the
 ground that the victim was not a child and was major on the date of
          Mamta Kale                                                         page 1 of 2



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                                                                 7-ia-2641-21 in apl-893-21


 incident. However, the Applicant has been found guilty under
 Section 354-A(1)(i) of IPC and has been sentenced to suffer
 Rigorous Imprisonment for a period of one year and to pay a fine of
 Rs.25,000/- and in default, to suffer Simple Imprisonment for the
 period of three months. The Applicant was on bail during the
 course of trial.


 3.       In such circumstances, the following order is passed.


                               ORDER

1. The substantive sentence of imprisonment is hereby suspended pending disposal of the Appeal subject to the condition of the Applicant furnishing a P. R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount and on payment of fine, if not already paid.

2. The Bail Bonds shall be furnished before the learned Sessions Judge.

3. The Criminal Application is disposed of in the aforesaid terms.

C.V. BHADANG, J.

          Mamta Kale                                                       page 2 of 2