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2021 Supreme(Bom) 1552

MANISH PITALE
Anton Paulo Britto – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
D. Lawande, Advocate, Jay Mathew, Advocate, Mahesh Amonkar, Advocate

JUDGMENT

Manish Pitale, J. - Heard Mr. D. Lawande, Advocate for the applicant.

2. It is submitted that the applicant has a very strong prima facie case in the accompanying appeal challenging the order of conviction and sentence dated 13/10/2021 imposed by the Sessions Court.

3. It is submitted that only the victim in the present case has deposed against the applicant and an alleged eyewitness came forward and stated that he was not even present at the scene of offence. It is submitted that there is no recovery of the alleged weapon and that this is also a fact indicating that the Sessions Court has erred in sentencing the applicant under Sections 341 and 307 of the Indian Penal Code.

4. It is further pointed out that the applicant was released on bail during the pendency of the trial, by an order dated 07/04/2021 and he has abided by all the conditions that were imposed in the order granting bail.

5. The applicant undertakes to abide by the conditions that may be imposed by this Court.

6. This Court perused the impugned judgment and order. The material on record does show that an alleged eyewitness deposed before the Sessions Court that he was not even present at the scene of offence. Th

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