Shankar Suryabhan Jadhav vs The State Of Maharashtra And ...
2023 Latest Caselaw 8554 Bom

2023:BHC-AUG:18013-DB

                                                                            cria-2868.23
                                                        1



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               BENCH AT AURANGABAD


                               909 CRIMINAL APPLICATION NO.2868 OF 2023
                                     IN APPEAL ST/7901/2023

                                      SHANKAR SURYABHAN JADHAV
                                                VERSUS
                                THE STATE OF MAHARASHTRA AND ANOTHER

                                   ...
                      Mr. Sanjay A. Wakure Advocate for Applicant.
                      Mr. S.J. Salgare, A.P.P. for Resp. No.1.
                                   ...

                                 CORAM:         SMT. VIBHA KANKANWADI AND
                                                ABHAY S. WAGHWASE, JJ.

                             DATE : 22nd AUGUST, 2023

                 ORDER :

1. Present Application has been filed for condonation of delay

of 428 days in filing criminal appeal.

2. The appellant is the original accused in Special (POCSO)

Case No.15 of 2015. He has been convicted for the offence

punishable under Section 6 of the Protection of Children from

Sexual Offences Act and directed to suffer imprisonment for life

and to pay fine of Rs.10,000/-, in default to suffer rigorous

imprisonment for six months. No separate sentence is awarded

cria-2868.23

for the offence punishable under Section 376(f) and (n) of the

Indian Penal Code as well as Section 4 of the Protection of

Children from Sexual Offences Act though it appears that he has

been held guilty. Appellant has been also held guilty for

committing offence under Section 506 of the Indian Penal Code

and has been sentenced to undergo imprisonment for one year

and pay fine of Rs.1000/- and in default to undergo rigorous

imprisonment for two months.

3. It appears that the present appellant was in jail since 22 nd

June 2015 to 6th April 2016 and thereafter from 21 st September

2018 till the date of the pronouncement of the Judgment.

Appellant appears to be illiterate. Under such circumstance the

delay deserves to be condoned.

4. Hence the Application stands allowed and disposed of.

Registry to verify and register the Appeal.

 [ABHAY S. WAGHWASE]                 [SMT. VIBHA KANKANWADI]
       JUDGE                                   JUDGE
 asb/AUG23