Bombay High Court
Dilip Ishwar Shirgire vs State Of Maharashtra And Anr on 14 August, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.862 OF 2024
IN
INTERIM APPLICATION NO.3172 OF 2024
IN
CRIMINAL APPEAL NO.862 OF 2024
Dilip Ishwar Shirgire .... Appellant/
Applicant
versus
The State of Maharashtra & Anr. .... Respondents
.......
• Mr. Sachin Deokar, Advocate for Appellant/Applicant.
• Mr. Shrikant H. Yadav, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 14th AUGUST, 2024
P.C. :
1. The Registry shall mask the identity of the Respondent
No.2 in the memo of the Appeal and the application.
2. The Appellant/Applicant was the accused in Special
(POCSO/SCST) Case No.6/2016 before the Additional Sessions
Judge, Barshi. The learned Judge vide the Judgment and Order
Digitally
signed by
MANUSHREE
MANUSHREE NESARIKAR
NESARIKAR Date:
dated 16/07/2024 convicted the Appellant for commission of
2024.08.20
14:43:27
+0530
offences punishable u/s 452, 354(A)(1)(ii) of the Indian Penal
Nesarikar
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Code and u/s 8 of the Protection of Children from Sexual
Offences Act, 2012 and u/s 3(1)(w)(i) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The major sentence imposed on him was 3 years besides
imposition of fine.
3. Heard Mr. Sachin Deokar, learned counsel for the
Appellant and Mr. Shrikant H. Yadav, learned APP for the State.
4. The allegations are that the victim was 16 years of age.
The incident had occurred on 08/10/2016. The Appellant came
in her house and held her hand. She ran out of the house. The
Appellant looked at her and smiled and then made some
gestures with his hands calling her. He sat at a distance and kept
looking at her. On these allegations, the FIR is lodged.
5. Learned counsel for the Appellant submitted that after
his conviction, the trial Court has granted bail to the Appellant
u/s 389 of Cr.P.C. for a limited period. He submitted that the
allegations are not true and the offence is not committed by
him. The offence does not fall within the definition of any
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offences, for which he is convicted. He submitted that no
independent witness is examined.
6. Considering the short sentence, today, the interim
protection granted by the Trial Court u/s 389 of Cr.P.C. can be
extended till the next date.
7. Hence, the following order :
ORDER
(i) Issue notice to the Respondent No.2 returnable
on 04/09/2024.
(ii) The Investigating Officer shall inform the
Respondent No.2 about the next date of listing
and shall make a statement to that effect before
the Court.
(iii) The protection granted by the Trial Court to the
Appellant u/s 389 of Cr.P.C. is continued till the
next date.
(iv) Stand over to 04/09/2024.
(SARANG V. KOTWAL, J.)
