Jageshwar S/O Namdeo Samrit vs State Of Mah. Thr. Pso At ...
2022 Latest Caselaw 4614 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                        CRIMINAL REVISION APPLICATION (REVN) NO.110/2022

                            Jageshwar s/o Namdeo Samrit
                                     ...Versus...
       State of Maharashtra Through Police Station officer at Andhalgaon, Tahsil
                              Mohadi, District Bhandara

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
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                                                                                        Shri A.M. Quazi, Advocate for applicant



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 29/04/2022

1. Heard Shri A.M. Quazi, learned Counsel for the applicant.

2. The revision challenges the concurrent findings rendered by the Courts below regarding the conviction of the applicant for the offence punishable under Section 354-A (1) of Indian Penal Code, for which, the learned Trial Court by the judgment dated 07/08/2019 has sentenced the applicant to suffer rigorous imprisonment for a period of one year and a fine of Rs.5,000/-, i/d to suffer simple imprisonment for three months. In appeal, the learned Sessions Court has maintained the finding, however, considering that there were certain mitigating circumstances that the applicant was a young 2904 REVN 110 of 2022.odt

person having no criminal antecedent, the sentence was reduced to six months and the fine was maintained by the judgment dated 31/03/2022.

3. Shri Quazi, learned Counsel for the applicant submits that the delay of three days in approaching the police authority for lodging the FIR is fatal. He further submits that there are inconsistencies in the statement of the complainant Arti Badwaik (pg.49) as regards the nature of the incident, which has taken place and there are also several omissions, which have been brought on record in her cross-examination (pg.50). It is submitted that the material witness Pravin Barai, who was standing beside the seat, where the complainant was sitting, has not been examined, though he was a classmate of the complainant and was travelling in the same bus. He, therefore, submits that the impugned judgments suffer from non-consideration of these factors, considering which, issue notice for final disposal to the respondent, returnable on 08/06/2022.

4. Learned Additional Public Prosecutor Mrs. M.H. Deshmukh waives service of notice for the respondent.

5. Till the returnable date, the learned Counsel for the applicant shall file all the exhibited documents before the learned Trial Court on record.

2904 REVN 110 of 2022.odt

6. Till the returnable date, the sentence imposed by the learned Trial Court is suspended and the applicant be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties in like amount.

(AVINASH G. GHAROTE, J.)

Wadkar

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:29.04.2022 19:28