Naresh Govind Hande vs State Of Maharashtra And Anr
2022 Latest Caselaw 7787 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO.2406 OF 2022
                                     IN
                    CRIMINAL APPEAL (ST) NO.11947 OF 2022

    Naresh Govind Hande                                     .... Applicant
              versus
    State of Maharashtra & Anr.                             .... Respondents
                                        .......

    •       Mr. Vishal G. Salvi, Advocate for Applicant.
    •       Smt. M. R. Tidke, APP for the State/Respondent.

                                  CORAM    : SARANG V. KOTWAL, J.

                                  DATE     : 10th AUGUST, 2022

    P.C. :

1. This is an application for condonation of delay of two

years and 46 days in filing the Appeal against the order of

conviction and sentence passed by the Special Court, Mangaon,

District - Raigad, on 16/03/2020 in Special POCSO Case No.11

of 2018.

2. By the impugned judgment and order, the Applicant

was convicted for the commission of offence punishable u/s 4 of

the Protection of Children from Sexual Offences Act, 2012 and

was sentenced to suffer rigorous imprisonment of 7 years and to

pay a fine of Rs.25,000/- each and in default of payment to Nesarikar

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suffer further simple imprisonment for six months. The Applicant

was also convicted for the commission of offence punishable u/s

376 (2)(n) of the Indian Penal Code. But no separate sentence

was imposed. Out of the fine amount Rs.1,00,000/- was directed

to be paid to the victim girl.

3. Learned counsel for the Applicant states that the

Applicant has already paid the fine amount before the trial Court.

Learned counsel for the Applicant has submitted and it is also

mentioned in the application that he was taken in custody and

thereafter shortly the lockdown was imposed. He was the only

breadwinner for his family and there was no one to raise money

to meet legal expenses. Finally his wife managed some finances

between January 2022 to June 2022 and this Appeal is filed.

4. Considering these grounds, the delay in filing the

Appeal is condoned. Appeal be processed further.

(SARANG V. KOTWAL, J.)