The High Court Court rejected the criminal application filed by the appellant seeking suspension of sentence. The court held that the case is not fit for suspension considering the evidence of the prosecutrix who was 11 years old at the time of the incident.
The criminal application was rejected.
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2210appa510.13
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION NO.510 OF 2013 IN CRIMINAL APPEAL NO. 285 OF 2013
(Sy. Ibrahim Sy. Salim @ Baba vs. The State of Maharashtra)
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
CORAM : B.R. GAVAI AND Z.A. HAQ, JJ. DATED : OCTOBER 22, 2013
Heard Shri Daruwala, learned Counsel appointed for the applicant/appellant, and
Shri Ghodeswar, learned Additional Public Prosecutor for the respondent.
After considering the material on record, specially the evidence of prosecutrix, who at the time of incident was 11 years old, we are of the view that this is not a fit case for suspension of sentence. The criminal application is, therefore, rejected.
The fee payable to the learned Counsel appointed for the applicant/appellant is quantified as rupees one thousand.
JUDGE JUDGE
khj
2 issues framed by the court
Whether the criminal appeal for suspension of sentence is maintainable.
Whether the presence of Aadhaar card being removed from the record affects the maintainability of the appeal.
Ibrahim Sy. Salim @ Baba
The State of Maharashtra
B.R. Gavai
Z.A. Haq
As recorded by the court registry
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