IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR

CRIMINAL APPEAL NO. 79 OF 2018

Nitin Pritam Bairisal

Aged about 28 years, Occu. Labour,

R/o Dhobi Chawl, TB Ward, Nagpur

.. APPELLANT

Versus

State of Maharashtra,

Through

Police

Station

Officer,

Imamwada Police Station, Nagpur

.. RESPONDENT

Mr. M.N. Ali, Advocate for appellant

Mr. T.A. Mirza, A.P.P. for respondent

WITH

CRIMINAL APPEAL NO. 38 OF 2019

Ganesh S/o Ramdas Satpute

Aged 25 years, Occ. Labour,

R/o T.B. Ward Servant Quarters, Nagpur

(Presently Central Prison At Nagpur)

.. APPELLANT

Versus

The State of Maharashtra

Through A.C.P. Ajni Division, Police

Station, Imamwada, Nagpur

.. RESPONDENT

Mr. C.R. Thakur, Advocate for appellant

Mr. T.A. Mirza, A.P.P. for respondent

WITH

CRIMINAL APPEAL NO. 419 OF 2018

Cri.appeal-79-2018-J.odt

Karunanand S/o Ramesh Moon,

Aged about 27 years, Occ. Labour,

R/o Behind Ashok Buddha Vihar, Nagpur

(Presently Central Prison At Nagpur)

.. APPELLANT

Versus

The State of Maharashtra

Through A.C.P. Ajni Division, Police

Station Imamwada, Nagpur

.. RESPONDENT

Mr. C.R. Thakur, Advocate for appellant

Mr. T.A. Mirza, A.P.P. for respondent

WITH

CRIMINAL APPEAL NO. 323 OF 2021

Rohit s/o Sanjay Tambe

Aged about 25 years,

Occupation : Labour,

R/o T.B. Ward Quarter No. 6/11,

District : Nagpur

.. APPELLANT

Versus

State of Maharashtra

Through ACP Ajni Division, Imamwada

Police Station, Nagpur

.. RESPONDENT

Mr. P.W. Mirza, Advocate appointed for appellant

Mr. T.A. Mirza, A.P.P. for respondent

CORAM:

V.M. DESHPANDE, &

AMIT B. BORKAR, JJ.

DATE :

17/09/2021

PAGE 2 OF 21

Cri.appeal-79-2018-J.odt

JUDGMENT : (Per : Amit B. Borkar, J.)

Four persons namely Ganesh S/o Ramdas Satpute,

Karunanand S/o Ramesh Moon, Rohit S/o Sanjay Tambe and

Nitin Pritam Bairisal, were tried by the Special Judge, M.C.O.C.,

Nagpur for offences punishable under Sections 376(2)(g), 377,

341, 323, 394, 504 and 506-B read with Section 34 of the

Indian Penal Code (IPC), Section 3 punishable under Section 4

of the Protection of Children from Sexual Offences Act, 2012

(POSCO Act) and Section 3 (1)(i) of the Maharashtra Control of

Organized Crime Act (M.C.O.C. Act). Vide a judgment and order

dated 27/12/2017, the learned Special Judge (M.C.O.C.) and

Additional Sessions Judge – 5, Nagpur convicted and sentenced

them in the manner stated hereinafter;

i. All four accused are sentenced to undergo rigorous

imprisonment for remainder of their natural life and to

pay fine of Rs.10,000/-, in default to suffer simple

imprisonment for one year for offences under Section

376(D) of IPC.

ii. For offence punishable under Section 4 of the POSCO Act,

all four were sentenced to undergo rigorous imprisonment

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Cri.appeal-79-2018-J.odt

for life and to pay fine of Rs.10,000/-, in default to

undergo simple imprisonment for one year;

iii. For offence under Section 506-B of IPC, all four were

directed to undergo rigorous imprisonment for three years

and to pay fine of Rs.1000/- and in default to suffer

simple imprisonment for one month;

iv. Under Section 341 of IPC, accused No.1 to 3 were

directed to undergo simple imprisonment for one month

and to pay fine of Rs.1000/- and in default to suffer

simple imprisonment for 15 days

v. Under Section 323 of IPC, accused No.1 to 3 were

directed to undergo simple imprisonment for six months

and to pay fine of Rs.1000/- and in default to suffer

simple imprisonment for one month.

The Sessions Court acquitted them for offences

under Sections 377, 504, 394 read with Section 34 of the IPC

and also under Sections 3 and 3(4) of the M.C.O.C Act.

Accused No.4 Nitin was acquitted for offences punishable under

Sections 341 and 323 of the IPC.

PAGE 4 OF 21

Cri.appeal-79-2018-J.odt

2.

Aggrieved by the said judgment and order

appellants - Nitin Pritam Bairisal filed Criminal Appeal

No.79/2018, Karunanand S/o Ramesh Moon filed Crimi