Criminal Writ Petition challenging rejection of recall of prosecution witness dismissed as the petitioner had already been convicted by a Special Judge for offences under PCPOCSO Act and IPC.
Petition dismissed as it does not survive due to the petitioner's conviction by the Special Judge.
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Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.569 OF 2018
Nikhil Arjun Waghmare]Petitioner
Versus
The State of Maharashtra ]Respondents
None for the Petitioner.
Mrs. P.P. Shinde, A.P.P for the Respondent- State.
CORAM : REVATI MOHITE DERE, J.
DATE : 19th NOVEMBER, 2019.
P.C.:
By this petitioner, petitioner has impugned the order
dated 21st March, 2017 passed by the learned Sessions Judge,
Pune, C.R. No.5 and Special Judge, under Protection of Children
from Sexual Offences Act, by which the petitioner's application
(Exhibit 20) seeking recall of the prosecution's witness No.1 was
rejected by the Additional Sessions Judge.
2.Learned A.P.P, on instructions, states that the
aforesaid Petition does not survive inasmuch as the petitioner
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has been convicted by the learned Special Judge for the alleged
offences punishable under section 354-D, 506 of the Indian
Penal Code and sections 7, 8, 11 and 12 of the Protection of
Children from Sexual Offences Act, 2012.
3. The learned A.P.P has tendered a copy of the said
judgment and order dated 7th February, 2018. The said judgment
and order is taken on record.
4.In view of the aforesaid statement made by the
learned A.P.P, nothing survives for consideration in the aforesaid
Petition. The Petition is dismissed.
[REVATI MOHITE DERE, J.]
2 issues framed by the court
Whether a criminal writ petition seeking recall of a prosecution witness survives after the petitioner has been convicted by the Court below.
Whether the conviction under relevant sections of the PCPOCSO Act and IPC bars further consideration of the petition.
2 provisions across 2 enactments
Shailaja
The State of Maharashtra
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court