Dnyaba @ Dnyaneshwar S/O. Gyanuji ... vs The State Of Maharashtra Thr. ...
2022 Latest Caselaw 684 Bom

                                                       1          215-APPEAL-686-18.odt

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

                   CRIMINAL APPEAL NO. 686 OF 2018

Dnyaba @ Dnyaneshwar s/o Gyanuji
Tajne, Aged about 58 years,
Occupation : Labour, Resident of
Belkhed, Taluka Risod,
District Washim.                                                 APPELLANT
                                                                 (IN JAIL)

                                     // V E R S U S //

The State of Maharashtra,
Through Police Station Officer,
Police Station Shirpur,
Taluka Malegaon,
District Washim.                                                 RESPONDENT
-------------------------------------------------------------------------------------------
Smt. S.P. Deshpande, Advocate (Appointed) for the Appellant.
Shri T.A. Mirza, A.P.P. for Respondent - State.
-------------------------------------------------------------------------------------------
                                CORAM: V. M. DESHPANDE AND
                                       G. A. SANAP, JJ.

DATED : 19/01/2022.

JUDGMENT : (PER G. A. SANAP, J.)

1. In this appeal challenge is to the judgment and

order dated 28.12.2017, passed by the learned Additional

Sessions Judge, Washim in Special Child Case No.72/2016,

whereby the learned Judge has convicted the appellant for the

offence punishable under Section 376[2][f], [n] of the Indian 2 215-APPEAL-686-18.odt

Penal Code and for the offence punishable under Section 5

read with Section 6 of the Protection of Children from Sexual

Offences Act, 2012 (for short 'the POSCO Act'), and

sentenced him to suffer imprisonment for life and to pay fine

of Rs.10,000/-, in default of payment of fine, he is ordered to

suffer rigorous imprisonment for 6 months. No separate

sentence is awarded under Section 6 of the POSCO Act.

2. The facts leading to the appeal are as follows.

The name of victim is masked to conceal her

identity. The victim is the informant. The appellant is the

father of the victim. It is the case of the prosecution that on

the date of commission of offence, the victim was below 18

years of age. The victim used to reside with the appellant, her

mother and other siblings at village Belkhed, Taluq Risod,

District Washim. The family is doing labour work, which is

the source of their livelihood. In the month of December,

2015 mother of the victim by name Jyoti had gone to the

house of her maternal uncle at Mumbai for medical treatment.

3 215-APPEAL-686-18.odt

She was in Mumbai for 15 days. In the absence of mother, the

victim, the appellant and her grand-mother used to reside

together at village Belkhed. It is further case of prosecution

that one night, the appellant, while the victim was sleeping

inside the room, came in the said room from the courtyard,

where he was sleeping with his mother. The appellant

removed the clothes on the person of the victim. The victim

requested the accused not to indulge in the illegal act. The

victim told the accused that she would complain about the

same to her mother. Appellant told her not to disclose

anything to her mother. The appellant pressed her breast and

committed sexual intercourse with her. The victim on account

of threat of appellant did not disclose the incident to any body.

3. In the course of time her M.C. stopped. Jyoti,

mother of the victim took her to the hospital of Dr. Shelke

Madam at Washim. On examination, the doctor informed that

the victim had conceived. The mother of the victim, therefore,

took her to women's hospital at Akola for treatment and 4 215-APPEAL-686-18.odt

admitted her there on 22.06.2016. The father established

sexual relations with the victim and the victim conceived. On

the date of her admission at Women's Hospital at Akola on

22.06.2016, the victim was carrying pregnancy of 5-6 months.

This fact was revealed during the course of examination by the

doctor. The Medical Officer conveyed the information to

Ramdaspeth Police Station, Akola. On receipt of the

information, P.W.No.12 P.S.I. Anita Ingle went to the Lady

Harding Hospital, at Akola. She recorded statement of the

victim girl.

4. The statement of the victim girl recorded by

P.W.No.12 was forwarded by her to the jurisdictional police

station namely Shirpur Police Station, Taluq Risod, District

Washim. It was received by Shirpur Police Station on

28.06.2016. On the basis of the said statement, P.I. Harish

Gawali (P.W.16) registered the crime against the appellant

bearing No.97/2016 for the offences punishable under

Sections 376 [2][f] of the Indian Penal Code and Section 6 of 5 215-APPEAL-686-18.odt

the POCSO Act. P.W.15 - A.P.I. Khandare conducted the

investigation. He arrested the appellant. He forwarded the

appellant and victim for medical examination. He drew the

spot panchanama. He collected blood samples. He forwarded

the blood samples to the C.A. as well as for D.N.A. analysis.

He recorded the statements of the witnesses and collected the

evidence in respect of age of the victim. On completion of the

investigation he filed charge sheet.

5. The victim girl was admitted at Vatsalya Mahila

Vasatigruha, Nashik. On 09.08.2016, the victim delivered a

dead male child at Civil Hospital, Nashik. The investigating

officer collected the blood and bone samples of the dead male

child and forwarded the same to DNA analysis to RFSL

Nagpur. In due course, he received the report, which

confirmed that the appellant and the victim are concluded to

be the biological parents of the male child, born to the victim.

6. The learned Additional Sessions Judge framed

the charge against the appellant/accused for the above offences.

6 215-APPEAL-686-18.odt

The appellant / accused pleaded not guilty to the charge. It is

the defence of the appellant that the victim had sexual affair

with one person. He had caught the victim and said person

red handed, and therefore, to take revenge a false report was

lodged against him. In order to bring home the guilt against

the appellant, the prosecution examined 16 witnesses. The

prosecution relied upon the documentary evidence. In

defence, the appellant examined Nandabai. On consideration

and analysis of the evidence, the learned Additional Sessions

Judge held the charge against the appellant proved. The

learned Additional Sessions Judge convicted the appellant and

sentenced him as above. Being aggrieved by this order, the

appellant is before this Court in appeal.

7. We have heard learned Advocate Smt.

Deshpande, (appointed) for the appellant and the learned

A.P.P. Shri Mirza, for the State. We have perused the record

and proceedings.

7 215-APPEAL-686-18.odt

8. Smt. S. P. Deshpande, learned Advocate for the

appellant submitted that the evidence of the victim girl is not

credible and as such, is not sufficient to prove the charge

against the appellant. The evidence is full of omissions and

inconsistencies on material part of the case of the prosecution.

There is no other independent evidence to corroborate the oral

evidence of the victim girl. In the submission of learned

Advocate for the appellant in view of shaky evidence of the

victim girl, the learned Additional Sessions Judge should not

have accepted the said evidence, without corroboration from

independent source. The learned Advocate submitted that the

prosecution has not adduced sufficient evidence to prove that

on the date of alleged incident, the victim girl was below 18

years of age. The learned Advocate took us through the record

and pointed out that the DNA reports at Exhs.65 and 66 were

produced after recording statement of the appellant under

Section 313 of the Code of Criminal Procedure at the stage of

argument. The learned Advocate submitted that therefore, the

DNA reports cannot be used as evidence against the appellant.

8 215-APPEAL-686-18.odt

The learned Advocate submitted that the defence of the

appellant that he has been falsely implicated in this case by

victim because he had caught her red-handed while indulging

in sexual intercourse with another person is probable.

9. Shri T. A. Mirza, learned Additional Public

Prosecutor submitted that the appellant being father of the

victim girl was in a position of dominance and authority. The

learned Additional Public Prosecutor submitted that

considering the relation between the appellant and the victim

girl, the possibility of victim girl falsely implicating her father,

cannot be accepted in this case. In the submission of the

learned Additional Public Prosecutor, the possibility of false

implication of the appellant in this case as sought to be made

out, has been completely ruled out by oral and documentary

evidence. The learned Additional Public Prosecutor took us

through the evidence of victim girl and submitted that the

evidence of the victim girl despite being subject to searching

cross-examination, has not been shaken at all. The learned 9 215-APPEAL-686-18.odt

Additional Public Prosecutor submitted that the prosecution

on the basis of oral and documentary evidence has proved that

on the date of incident, victim girl was below 18 years of age.

The learned Additional Public Prosecutor submitted that when

the offence of rape came to light, the victim girl was carrying

5 - 6 months pregnancy. The learned Additional Public

Prosecutor submitted that on the basis of the medical evidence

and the DNA reports, it has been conclusively proved that the

appellant and the victim girl are concluded to be biological

parents of male child born to the victim girl. The learned

Additional Public Prosecutor took us through the Judgment

and order passed by the learned Additional Sessions Judge and

submitted that the learned Judge has recorded sound reasons

in support of his finding against the appellant.

10. In order to appreciate the rival submissions, we

have minutely perused the oral and documentary evidence. At

the outset, it is necessary to mention that the witnesses who

were privy to the incident directly or indirectly have not 10 215-APPEAL-686-18.odt

supported the case of the prosecution. The mother of the

victim PW-3 - Jyoti was privy to the real state of affairs.

However, she did not fully support the case of the prosecution.

She was declared hostile. However, perusal of her cross-

examination conducted on behalf of the learned Additional

Public Prosecutor would show that on certain material aspects,

she has supported the case of the prosecution. It is further

pertinent to mention at the outset that the appellant is the

father of the victim girl. Being father, he was supposed to know

the birth date of the victim girl. In the cross-examination

conducted on behalf of the appellant by the learned Advocate,

specific suggestion with regard to the actual birth date of the

victim girl was not put to her. It was expected on the part of

the appellant being father of victim girl to point out the actual

birth date of the victim girl inasmuch as the prosecution has

come before this Court with a case that the birth date of the

victim girl is 15/09/1998. As far as this aspect is concerned, it

would require due consideration after appreciating the

evidence of the victim girl and other documentary evidence.

11 215-APPEAL-686-18.odt

11. Before we proceed to appreciate the evidence of

the victim girl (PW-2) Vanita, it would be necessary to note

that (PW-3) Jyoti mother of the victim girl has admitted that at

the time of lodging of the report, the victim girl was carrying 5

months pregnancy. She has admitted that she took her to

Doctor at Washim and from Washim, she took her to the Lady

Harding Hospital, Akola. It is undisputed that when the victim

girl was taken to Government Hospital at Akola, the Medical

Officer declared that the victim girl was carrying 5 - 6 months

pregnancy. The Medical Officer on being informed that the

victim girl was unmarried, reported the matter to the Police.

On this aspect, the evidence of mother is consistent. At this

stage, it would be necessary to see additional statement filed in

writing by the appellant at the time of recording of his

statement under Section 313 of the Code of Criminal

Procedure. In this statement, he has stated that at the time of

lodging of the report, the victim girl was carrying 4 - 5 months

pregnancy. He has stated that the victim girl had affair with 12 215-APPEAL-686-18.odt

one person and from the said person, victim girl had

conceived. His statement would clearly indicate that PW-3 -

mother of the victim girl and the appellant - father of the

victim girl have consistently stated that at the time of lodging

of the report, the victim girl was carrying 4 - 5 months

pregnancy. The evidence of Jyoti as well as the stand of the

appellant in his written statement about the father of the child

of victim girl is silent. It is pertinent to mention that if the

child was begotten by some third person, then Jyoti - mother

of the victim girl and the appellant were expected to make

enquiry with the victim girl and immediately lodge a report

against the said third person. In our view, the above facts

would assume great significance while appreciating the

evidence of the victim girl.

12. The unfortunate victim girl has narrated the

plight. She has been made to suffer due to beastly and barbaric

act of her own father. It is pertinent to mention that in her

evidence, she has narrated the incident with great vividity. The 13 215-APPEAL-686-18.odt

other witnesses related to the appellant tried to save him. The

victim girl till the end did not deviate from her original version

of the incident. She has deposed that at the time of the

incident of rape on her by the appellant, her mother had gone

to Mumbai. Her siblings and she were sleeping together in the

house. The appellant and her grand-mother were sleeping in

the courtyard. She has stated that in the night, the appellant

gave call to her and asked her to give him water to drink. She

has deposed that she opened the door and gave water to the

appellant. The appellant threw away water on the door and

came inside and shut down the door. The accused threatened

her not to raise shout, else he would kill her. The appellant

removed her clothes and pressed her breast. She has stated that

the appellant forcibly committed sexual intercourse with her.

On the next day as well, the appellant forcibly committed

sexual intercourse with her. He had threatened her to kill, if

she disclosed the incident to anybody including her mother.

Her M.C. was stopped in January, 2016. She disclosed it to her

mother. Her mother took her to Doctor at Washim. She has 14 215-APPEAL-686-18.odt

deposed that Doctor at Washim on examination informed that

she had conceived pregnancy. She further deposed that her

mother took her to hospital at Akola. In the said hospital on

examination, the doctor opined that she was carrying 6 months

pregnancy. She disclosed the incident to the doctor. The

doctor called the police. The police recorded her statement. It

is at Exh.18. She has further deposed that on 09/08/2016, she

delivered a male child. After sometime, child died. She has

deposed that her birth date is 15/09/1998. This is a substance

of her evidence in examination-in-chief.

13. The victim girl has been cross-examined. In the

cross-examination, attempt has been made to falsify her

version. In cross-examination, it was suggested to her that she

had sexual relations with third person and she was caught red-

handed by her father. She has falsely implicated the appellant

in this case. The victim girl has denied the suggestions. Certain

facts brought on record in the cross-examination, needs to be

mentioned. Smt.Jyoti is the first wife of the appellant.

15 215-APPEAL-686-18.odt

Smt.Shobha was the second wife, who died before the incident.

Vinod and Rajnandan are brothers of the victim girl. There are

four children to the appellant from Smt.Shobha. On the date

of incident, the appellant was father of 7 children. This fact

would indicate that despite having two wives, the appellant did

not feel satisfied and ultimately he ravaged the victim girl to

satisfy his beastly lust. An attempt has been made in the cross-

examination to indicate that the victim girl was above 18 years

old. Perusal of the cross-examination would show that the

suggestion was put to her that her date of birth is not

15/09/1998 and at the time of incident, her age was 19 - 20

years. The victim girl has denied the suggestion. Perusal of the

cross-examination would show that the actual birth date of the

victim girl which must be known to the appellant being father

was not even suggested to the victim girl in the cross-

examination. Minute perusal of the cross-examination would

show that the victim girl after having undergone the

unimaginable sufferings and trauma did not deviate a inch

from the core and crux of her evidence in examination-in-

16 215-APPEAL-686-18.odt

chief. The answers given to material questions by her in the

cross-examination are consistent. Certain facts brought on

record in the cross-examination about the commission of

offence by the appellant and the knowledge of the same to the

mother of the victim girl and reaction of the mother thereafter,

indicate that the victim girl has not even made a slightest

attempt to hide anything from Court. Perusal of the cross-

examination would show that the mother of the victim girl

initially made an attempt to see that this incident is buried by

aborting the child. However, there was no response and co-

operation from the appellant. The beastly act and sin

committed by the appellant came to fore when the victim girl

was taken to the Lady Harding Hospital at Akola. The

evidence of the victim girl on the incident of rape on her by

the appellant cannot be discarded and disbelieved. No material

has been elicited in the cross-examination to discard and

disbelieve her evidence. The conduct of the appellant is not

consistent with his defence. If the victim girl had conceived

from third person, the appellant would have been the first 17 215-APPEAL-686-18.odt

person to take cognizance of the same and reported the matter

to the police. The appellant would not have made wait for six

months to lodge report of such a serious incident.

14. In this context, it is necessary to mention that

the appellant was in position of dominance and authority being

father of the victim girl. He misused his parental position. He

extended threat to the victim girl not to disclose the offence of

rape on her by him. This incident of rape would have gone

unnoticed, if the victim girl had not conceived. The statement

of the appellant recorded under Section 313 of the Code of

Criminal Procedure would assume importance in the above

context. The question No.4 in his examination under Section

313 of the Code of Criminal Procedure pertains to the birth

date of the victim girl. He was specifically asked to explain

about the birth date of the victim girl being 15/09/1998. He

has answered that he does not know it. He has not denied that

15/09/1998 is not birth date of the victim. He has not

specifically mentioned in the additional written statement filed 18 215-APPEAL-686-18.odt

by him about the birth date of the victim girl. He has

categorically admitted that at the time of lodging of the report,

the victim girl was carrying 5 - 6 months pregnancy. He was

specifically asked about the School Leaving Certificate of the

victim girl at Exh.55. He has stated that he does not know

about it.

15. On the basis of the evidence of PW-2 victim girl,

it has been proved that the appellant repeatedly committed

sexual intercourse with her and she was conceived from the

appellant. The appellant extended threat to kill her, if she

dared to disclose the incident to anybody. We do not see any

reason to discard and disbelieve this evidence. The evidence is

natural. The bravery and courage shown by the victim girl to

testify against the appellant, who is her father is appreciable.

The remaining family members did not support the case of the

prosecution. It may be noted that the victim girl would have

been required to spend sleepless nights and restless moments

before testified against her own father. The remaining 19 215-APPEAL-686-18.odt

members did not support the case of the prosecution to save

the appellant from the tentacles of law. The evidence of the

victim girl on the point of forcible intercourse with her by the

appellant and on the point of her age being below 18 years is

concrete, credible and as such deserves acceptance.

16. The victim girl has stated that the appellant

begotten four children from Shobhabai. The victim girl has

two real brothers and four step brothers. It is pertinent to

mention that the victim girl is the only female child born to the

appellant. The appellant in order to satisfy his lust, despite

marrying with two wives and having seven children, kept an

evil eye on his only daughter.

17. There is other corroborative evidence to accept

the evidence of the victim girl on the point of sexual

intercourse with her and she gave birth to a male child. PW-14

- Dr. Kanchan Barde medically examined the victim girl. She

has stated that on 24/06/2016, she conducted Sonography test

of the prosecutrix. She has categorically deposed that the 20 215-APPEAL-686-18.odt

examination indicated that the victim girl was carrying 5 - 6

months pregnancy. Ext. 44 is the Medical Certificate issued by

PW-14 - Dr. Kanchan Barde. The oral evidence of PW-14 has

been corroborated by the contemporaneous documentary

evidence. We do not see any reason to discard and disbelieve

the evidence of PW-14 being an independent witness.

Similarly, there is no material in her cross-examination to

discard her evidence.

18. PW-8 - Manjula Bhoye is serving at Civil

Hospital, Nashik. The victim girl after medical examination,

was taken to Civil Hospital, Nashik and kept at Vatsalya

Mahila Vastigruha, Nashik. On 09/08/2016, PW-8 had been

to Vatsalya Mahila Vastigruha, Nashik because the victim girl

had stomach pain. PW-8 has deposed that she was therefore

taken to Civil Hospital, Nashik, where she delivered a male

child. The child died after sometime. The Inquest Panchanama

on the body of the child was conducted in her presence. It is at

Exh.31. PW-7 - Vijaya Pathak is serving as a Nurse attached to 21 215-APPEAL-686-18.odt

Vatsalya Mahila Vastigruha, Nashik. She has deposed that the

victim girl was admitted in their Vastigruha. She was pregnant.

She has deposed that on 09/08/2016, the victim girl delivered

a male child at Civil Hospital, Nashik. The dead body of the

male child was sent for post mortem. The dead body of the

male child was buried. She has further deposed that on the

same day, on the request of the police, the dead body was

exhumed and handed over to the hospital for post-mortem.

The evidence of these two witnesses corroborate the version of

the victim girl that on account of her pregnancy, she was taken

to Vatsalya Mahila Vastigruha, Nashik. Their evidence further

proves that the victim girl delivered a male child at Civil

Hospital, Nashik.

19. PW-6 - Dr. Shrikant Karwate had examined the

appellant. He collected his blood sample. On examination of

the appellant, he found that the appellant was capable to do

sexual intercourse. There is no serious challenge to this part of

evidence of PW-6.

                                     22     215-APPEAL-686-18.odt

20.           PW-15     -   Shri    Kamlesh   Khandare     (API)

conducted    the   investigation.    During    the   course    of

investigation, he had deputed PW-10 - Shri Padmakar Ingale

(Police Constable) to carry the samples to Regional Forensic

Science Laboratory, Nagpur for DNA test. PW-10 - Shri

Padmakar Ingale has deposed that on 02/07/2016, he had

deposited two blood samples for DNA test at Regional

Forensic Science Laboratory, Nagpur. His oral evidence has

been supported by Exh.36. PW-15 - Shri Kamlesh Khandare

has deposed that during the course of investigation, the

samples collected were sent for DNA analysis. The

independent oral and documentary evidence adduced by the

prosecution corroborates the evidence of the victim girl on the

material point that at the time of report, she was carrying 5 - 6

months pregnancy and she delivered a male child at Civil

Hospital, Nashik. We have already observed that in view of

this positive evidence, it was necessary for the accused to make

his defence probable. There is no iota of material to accept the

defence of the appellant.

23 215-APPEAL-686-18.odt

21. Perusal of the Judgment of the Trial Court

would show that the Trial Judge has relied upon the document

at Exh.55 which is a School Leaving Certificate of the victim

girl. This document was proved by PW-15 - Investigating

Officer. No independent witness from the school was

examined. Similarly, no primary evidence to prove the

contents of Exh.55 was produced. In our view, this evidence is

required to be kept out of consideration. In the earlier part of

the Judgment, we have observed that there is no serious

challenge to the evidence of the victim girl with regard to the

date of birth stated by her. Similarly, the appellant in his 313

statement has claimed ignorance about it. The appellant has

not stated the actual birth date of the victim girl. The appellant

being father of the victim girl was supposed to know the actual

birth date of the victim girl and therefore, he was expected to

suggest the same to the victim girl in her cross-examination. It

is necessary to mention at this stage that as per the provisions

of Section 313 Sub-section (4), the answers given by the

accused may be taken into consideration in the enquiry or trial.

24 215-APPEAL-686-18.odt

In our view, in view of the positive statement made by the

victim girl about her birth date, the appellant was required

either to deny it categorically and state the actual birth date of

the victim girl. He has simply stated that he does not know

about it. The appellant has not denied this fact in his Section

313 statement. In view of this position, the evidence of the

victim girl on the point of rape on her by the appellant as well

as her age being below 18 years has been proved. The evidence

of the victim girl has been corroborated by other evidence on

these two material aspects.

22. We may now deal with the DNA reports at

Exhs.65 and 66. Exh.65 is the Control DNA profile from

blood samples of the victim girl and the appellant. The initial

part of Exh.66 is the examination report of femur and sternum

of the male child born to the victim girl. The second part is

DNA analysis and parentage test result. The DNA expert has

opined that the appellant and the victim girl are concluded to

be the biological parents of femur of male child born to the 25 215-APPEAL-686-18.odt

victim girl. It is pertinent to mention that the DNA report can

be admitted in evidence without examining the DNA expert

by invoking the provisions of Section 293 of the Code of

Criminal Procedure. However, before undertaking the exercise

of exhibiting the document like DNA report by invoking the

provisions of Section 293 of the Code of Criminal Procedure,

there must be a specific order by the Court. In this case, in

order to ascertain the real factual position, we have minutely

perused the record. We are at loss when confronted with such

casual and careless approach displayed by the learned

Additional Sessions Judge. The document at Exhs.65 and 66

were admitted and given exhibit marks after recording 313

statement of the accused. In Section 313 examination of the

appellant, the evidence in the form of DNA report was not put

to the appellant so as to enable the appellant to offer his

explanation about the same. There is no specific order in the

record to indicate under what circumstances and on whose

application, DNA reports were exhibited after recording 313

statement of the appellant. There is no record to indicate that 26 215-APPEAL-686-18.odt

either the appellant or his Advocate admitted the DNA reports

or consented for giving exhibit mark to these documents. We

may state that such exercise undertaken by the learned Trial

Judge in respect of such an important piece of evidence in a

trial of such magnitude is not a good omen for the system. We

sincerely feel that such approach cannot subserve the purpose

of justice. It certainly causes prejudice and miscarriage of

justice. The height in the matter is that the learned Additional

Sessions Judge made use of DNA reports against the appellant

to convict him in this case. In our opinion, law does not permit

to make use of such evidence against the appellant.

23. It is pertinent to mention that we have had an

option to either record 313 statement of the appellant afresh or

send it to the Trial Court for recording the same. However, on

going through the evidence of the victim girl and other

corroborative evidence, we found that the same is sufficient to

accept the case of the prosecution. Therefore, this exercise was

not undertaken. Be that as it may, the fact remains that the 27 215-APPEAL-686-18.odt

DNA reports need to be kept out of consideration.

24. On minute perusal and analysis of the evidence,

we are satisfied that the evidence is sufficient to prove the

charge against the appellant. There is no doubt about the

credibility of the evidence of the prosecution witnesses. The

prosecution has proved the guilt of the appellant beyond

reasonable doubt. In the teeth of the concrete and cogent

evidence, the submissions advanced on behalf of the appellant

cannot be accepted. In our view, there is no substance in the

appeal. The appeal, therefore, deserves to be dismissed. Hence,

the following order :-

ORDER

The appeal is dismissed.

(G. A. SANAP, J.)                                (V. M. DESHPANDE, J.)


Dhuria / Choulwar




VITHAL         Digitally signed by VITHAL
               MAROTRAO CHOULWAR
MAROTRAO       Date: 2022.02.26 15:05:21
CHOULWAR       +0530