HIGH COURT OF BOMBAY
RAMESH S/O MARIBA LANDGE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
APPLN 2230/2016
1
Cri.Appln.No.2230/2016
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2230 OF 2016
IN
CRIMINAL APPEAL NO.264/2016.
RAMESH S/O MARIBA LANDGE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant/Appellant : Mr. Joshi Charudatt V
Mr. SP Deshmukh, APP for Respondent/State.
CORAM : R.M.BORDE &
P.R.BORA,JJ.
DATE : 27
th April, 2016.
PER COURT :
1)
Heard. Perused the judgment and order of
conviction and sentence passed by the learned
Additional Sessions Judge, Ambejogai on 17th March,
2016 in Special Case (UNDER POSCO ACT) No.5/2013.
The appellant/accused has been convicted for offence
punishable under Section 376(2) of Indian Penal Code
as also for the offences punishable under Sections 4,
6, 8 and 10 of the POSCO Act, 2012 and sentenced to
suffer rigorous imprisonment for 14 years and to pay
a fine of Rs.5,000/, in default to suffer rigorous
imprisonment, for three months in respect of offence
under Section 376(2) (i) of IPC. The accused is
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Cri.Appln.No.2230/2016
further sentenced to suffer rigorous imprisonment
for seven years and to pay a fine of Rs.3,000/, in
default to suffer rigorous imprisonment for two
months in respect of the offence punishable under
Section 4 of the POSCO Act, 2012. The accused is
further sentenced to suffer rigorous imprisonment
for ten years and to pay a fine of Rs.3,000/, in
default to suffer rigorous imprisonment for two
months in respect of offence punishable under Section
6 of the POSCO Act, 2012. The accused is further
sentenced to suffer rigorous imprisonment for three
years and to pay a fine of Rs. 1,000/ in default to
undergo rigorous imprisonment for 15 days in respect
of offence punishable under Section 8 of the POSCO
Act, 2012. The accused is also sentenced to suffer
R.I. for five years and to pay a fine of Rs.2,000/,
in default to suffer R.I. for one month in respect
of offence punishable under Section 10 of the POSCO
Act, 2012. The Trial Court has directed that the
substantive sentences of punishment shall run
concurrently.
2)
On perusal of the judgment and order of
conviction and sentence, it transpires that age of
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Cri.Appln.No.2230/2016
the victim, at the time of the alleged incident, was
about 78 years and there is medical evidence, which
supports the claim of the prosecution that the victim
was subjected to sexual assault. The accused was not
granted bail during the pendency of the appeal.
3)
Considering the facts of this case, we are
of the opinion that no case is made out for
enlargement of the accused/applicant on bail during
pendency and disposal of the criminal appeal. The
criminal application is devoid of substance and hence
stands rejected.
(P.R.BORA)
(R.M.BORDE)
JUDGE
JUDGE
bdv/
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