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2023 Supreme(Online)(Bom) 2621

HIGH COURT OF BOMBAY
BHARATI DANGRE, J
Omkar Dattatraya Dangat – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Adwait Bhonde
For the Respondents:Mr.Prosper D’souza, Appointed Advocate for Respondent No.2, Mr.S.R. Agarkar, APP for the State

JUDGMENT :

1] Present Criminal Appeal is fled by the Appellant calling in question his conviction under Section 363 , 366A, 376(2)(n) of the Indian Penal Code read with Section 4 and 6 of the Protection of Children from Sexual Offencs Act (POCSO) and the sentence imposed upon him, in Special Sessions Case No.371 of 2015.

In the CR which was registered against him on the complaint of the father of the victim with Chaturshrungi Police Station on 21.08.2015, he came to be arrested on 23.08.2015 and as on date, it is informed that he has undergone imprisonment for 8 years and 10 days out of the total sentence imposed on him under the impugned Judgment for a period of 10 years.

2] The Appeal fled by the Appellant was admitted on 10.02.2020.

He moved an interim application seeking suspension of sentence and for release on bail, during the pendency of the Appeal.

The Application was heard by J. Prakash Naik, who was on the Bench at the relevant time and on 26.04.2022 by considering the fact that the Applicant is in custody for a period of 6 years and 8 months and on consideration of the merits of the matter, to the effect that the victim had admitted in her evidence that there was friendship b

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