Appeal against conviction and rejection of bail. Court held that medical evidence corroborated victim's account of assault leading to death and sexual molestation. Bail rejected.
Bail application is rejected; applicant in jail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1500 OF 2014 (For Bail) IN
CRIMINAL APPEAL NO. 886 OF 2014
Amit Ashok Jagtap
.. Applicant (Org. Accused)
Versus
The State of Maharashtra
.. Respondent
| Appearances: | ......................... |
|---|---|
| Ms.Rohini M. Dandekar | Advocate appointed for the Applicant |
| Mrs. A.S. Pai | APP for the State |
Appearances:
CORAM :SMT. V.K. TAHILRAMANI &
A.K. MENON, JJ
DATE : DECEMBER 16, 2014.
P.C.:
1. The applicant has been convicted under Sections 302,
392 r/w 397, 354-A(1)(i) and 354-B of IPC. The applicant is
now seeking bail.
2. The prosecutrix PW 3 is the complainant as well as the
eye witness in the present case. She has stated that on the
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day of the incident, she along with her mother Laxmi were returning to their village Kotroshi. At that time, they saw the applicant-accused sitting under a tree. After sometime, they noticed that the applicant was following them. The applicant reached near them and inquired where they had gone. They told the applicant that they had gone to Harchandi. Laxmi then asked the applicant where the applicant was residing.
The prosecutrix PW 3, her mother Laxmi and the applicant continued walking. PW 3 was a little ahead of her mother Laxmi and the applicant. Suddenly, she heard her mother Laxmi screaming. When she looked back, she saw that the applicant was assaulting her mother Laxmi on the head, back and stomach with a stick. PW 3 shouted for help. At that time, the applicant pushed her mother Laxmi in a deep ditch. The ditch was about 32-35 feet deep. PW 3 started shouting whereupon the applicant gave a blow with stick on her head and hand. The applicant then dragged her by holding her hand. He tore her clothes and pressed her breasts. He then snatched the chain from her neck and ran away.
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3. The evidence of PW 3 prosecutrix that the applicant gave blow with stick on her head is corroborated by medical evidence. PW 14 Dr. Jadhav has deposed about having examined PW 3 on 21.4.2013 at 9.15 p.m. He noticed that she had sustained CLW measuring 6 x 2 x 2 cms on left tempo parietal aspect. He sutured it. According to him, the injury was about six hours old. As far as Laxmi is concerned,
PW 14 Dr. Jadhav has stated that her death could have been caused by heavy blow on the head by a hard and blunt object. He noticed hematoma over left occipito pariato temporal area measuring 4 x 4 x 3 cms. On examination of brain, he found blood clot ad-measuring 5 x 3 cms in left cerebral hemisphere. He also noticed that the lungs were congested. Thus, the evidence on record especially that of PW 3 clearly brings out the complicity of the appellant in an offence punishable under Sections 302, 392 r/w 397, 354A(1)(i) and 354-B of IPC. Looking to all these facts and circumstances, we are not inclined to grant bail. Application rejected.
Pg 3 of 4
4. Fees be paid to the appointed Advocate as per rules.
5. Office to communicate this order to the applicant who
is in jail.
[A.K. MENON, J ] [SMT. V.K. TAHILRAMANI, J]
jfoanz vkacsjdj
Pg 4 of 4
2 issues framed by the court
Whether bail should be granted to an appellant convicted of murder, robbery, and sexual assault.
Whether the safety of the victim and medical evidence preclude the release of the accused.
1 provisions across 1 enactments
Amit Ashok Jagtap
The State of Maharashtra
V.K. TAHILRAMANI
A.K. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
