Advocates:
['TEJAS JEEVAN PATIL', '', 'R M PATWARDHAN APPOINTED', 'SHAHIR S ANSARI', 'APP']

Judgment

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203apeal785.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 785/2019

Nandu Ashok Shelke,

Age 23 years, Occ. Nil,

R/o. Waghadi, Yavatmal,

Tq & District Yavatmal.

(At present in Yavatmal Central Prison)

…. APPELLANT

(In Jail)

// VERSUS //

The State of Maharashtra,

through P. S. O. Wadgaon Road,

Police Station, District Yavatmal.

…. RESPONDENT

___________________________________________________________________

Shri R. M. Patwardhan, Advocate (appointed) for appellant.

Shri M. J. Khan, A.P.P. for respondent/State

___________________________________________________________________

CORAM : VINAY JOSHI, J.

CLOSED FOR JUDGMENT

: 06.08. 2021

DATE OF PRONOUNCEMENT : 29.10.2021

JUDGMENT

The appellant(accused) Nandu Shelke was charge-sheeted

along with three others for offence punishable under Sections 394,

354, 354-B read with Section 34 of the Indian Penal Code, Sections 8

and 10 of the Protection of Children from Sexual Offences Act (‘POCSO

Act”). The Trial Court held all of them guilty for offence punishable

Judgment

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under Sections 394, 354, 354-B read with Section 34 of the India

Penal Code, and Section 9 read with Section 10 of the POCSO Act. The

Trial Court passed separate sentence under each count, however the

maximum sentence was awarded for the offence punishable under

Section 394 read with Section 34 of the Indian Penal Code to suffer

rigorous imprisonment of 7 years. All substantive sentences were

directed to run concurrently. Besides that the Trial Court has imposed

total fine of Rs. 5000/- each, with default clause.

2.

The prosecution case in nutshell is that, on 02.10.2017 in

the evening around 07.00 p.m., informant girl aged 18 years along

with her female friend and with their respective boyfriends went for

strolling to the secluded place at the outskirts of Yavatmal City.

Precisely, they went to Arni-Darwha bye-pass road and parked their

two wheelers at rough road. Informant (victim girl No. 1) sat with her

boyfriend PW-3 Shubham at one place whilst her female friend (victim

girl No. 2) sat at some distance with her boyfriend PW-4 Sahil. Within

short-time, 6 to 7 unknown boys arrived at the place and started to

beat. They snatched mobile handsets from all of them and robbed cash

amount of Rs. 350/- from victim girl No. 1. The assailants also took

personal search of both victim girls by touching them inappropriately.

They also snatched bentex chain from victim girl No. 2. Somehow both

Judgment

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victim girls and their companions rescued themselve and came

running on the main road. They noticed a patrolling Police Van on

which, they informed the things to the Police. In turn, the Police sent

them to the Civil Hospital for medical aid. On the following day in the

morning, victim girl No. 1 lodged report regarding the occurrence

against unknown robbers. The Police initially registered crime vide

Crime No. 1077/2017 for offence punishable under Sections 394, 354,

354-B read with Section 34 of the Indian Penal Code. After procuring

date of birth certificates of victim girls, the provisions of Section 8 and

10 of POCSO Act, have been invoked.

3.

On the following day, the Police apprehended four accused

along with a child in conflict with law. The Police seized stolen cash

amount and two mobile handsets at the instance of co-accused. During

course of investigation, prior test identification parade (T. I. Parade)

was conducted. After completing usual formalities of the investigation,

final report was filed in the Special Court. The charges were framed

vide Exh. 20 against all four accused. On denial of guilt, the

prosecution has ventured into examining in all nine witnesses to bring

home the guilt of accused. Besides th