Rajnikant S/O Dilip Ivnate vs State Of Mah. Thr. P.S.O. ...
2022 Latest Caselaw 5287 Bom

                                                                          (1)                                                23.cri.appeal.357.2022

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

                                              CRIMINAL APPEAL NO.357 OF 2022

                             Rajnikant s/o Dilip Ivnate
                                        Vs.
 The State of Maharashtra through PSO Kalmeshwar Police Station, Kalmeshwar Dist.
                                      Nagpur
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Office Notes, Office Memoranda of Coram,                                                                   Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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             Mr. H. P. Lingayat, Advocate for appellant.
             Mrs. M. H. Deshmukh, APP for respondent/State.


                                                                          CORAM :                    AVINASH G. GHAROTE, J.

DATE : 10/06/2022

Heard Mr. Lingayat, learned counsel for the appellant.

The appeal challenges the judgment dated 25.04.2022 whereby the appellant has been acquitted for the offence punishable under 8 of the Protection of Children From Sexual Offence Act (POCSO) and under Section 506 of the Indian Penal Code, but has been convicted for one year for the offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer one year simple imprisonment and fine of Rs.5,000/-, in default simple imprisonment for one month and so also punishable under Section 354-A of the Indian Penal Code for three months rigorous imprisonment and fine of Rs.4,000/-, in default one month simple imprisonment and under Section 323 of the Indian Penal Code simple imprisonment for one (2) 23.cri.appeal.357.2022

month and fine of Rs.1,000/- in default fifteen days simple imprisonment plus compensation of Rs.10,000/-.

Mr. Lingayat, learned counsel for the appellant states that the fine has been deposited, considering which, Admit.

Mrs. Deshmukh, learned APP waives notice for the respondent.

Criminal Application (APPA) No.425 of 2022 Mr. Lingayat, learned counsel for the appellant submits that the learned Sessions Court has post conviction already enlarged appellant on bail till the appeal period by the order dated 25.04.2022. Considering that the matter has been admitted, the application for suspension of sentence is allowed.

The sentence is suspended and the applicant be released on bail, on the same terms and conditions as contained order dated 25.04.2022 passed by the learned Sessions Court.

JUDGE Sarkate

Signed By:ANANT R SARKATE P. A.

Signing Date:10.06.2022 20:09