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2023 Supreme(Bom) 1935

B. P. COLABAWALLA
Mackvin Fernandes – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
Ryan Menezes, Advocate, Nigel Fernandes, Advocate, Gina Almeida, Advocate, S.G. Bhobe, Advocate

JUDGMENT/ORDER

1. The above Criminal Application is filed seeking suspension of sentence as well as for releasing the Applicant-Appellant on bail.

2. The above Criminal Appeal challenge the orders dtd. 1/2/2023 and 8/2/2023 convicting and sentencing the Applicant-Appellant. The Applicant-Appellant has been convicted under; (a) Sec. 363 of the IPC and is sentenced to three years rigorous imprisonment and to pay a fine of Rs.50,000.00, in default to undergo one month rigorous imprisonment; (b) Sec. 4 of the POCSO Act and is sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.1.00 lakh, in default to undergo two months rigorous imprisonment; (c) Sec. 8 of the POCSO Act and is sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.50,000.00, in default to undergo one month rigorous imprisonment; and (d) Sec. 12 of the POCSO Act and is sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.50,000.00, in default to undergo one month rigorous imprisonment. The sentences are to run concurrently. The above Appeal is admitted by this Court by a separate order passed today.

3. On the issue of suspension of sentence and relea

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