Convicted applicant sought suspension of sentence and bail pending appeal against conviction for rape and POCSO offence. Court found prima facie evidence, including medical and chemical analysis corroboration, showed complicity; refused bail but expedited the appeal hearing and permitted mentioning for early date.
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HEMANT CHANDERSEN SHIV
20.ia973.24.doc
Digitally signed by HEMANT CHANDERSEN SHIV Date: 2024.07.04 17:15:37 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.973 OF 2024
IN
CRIMINAL APPEAL STAMP NO.5253 OF 2024
Chandevdas Ramanand Das .... Applicant versus The Union Territory of Daman & Ors. .... Respondents
Mrs. Farhana Shah for the Applicant.
Mr. Harsh Dedhia i/b Mr. Hiten S. Venegavkar for Respondent No.1UT.
Ms. Sakshee P. Chavan, appointed Advocate for Respondent No.2.
CORAM : REVATI MOHITE DERE & SHYAM C. CHANDAK, JJ.
DATE : 27th JUNE, 2024
P.C. :
sentence and enlargement on bail, pending the hearing and final disposal of his aforesaid Appeal.
the learned Sessions Judge, Daman, at Silvassa in Sessions Case No.14 of
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H.C.SHIV
20.ia973.24.doc
2016, the applicant has been convicted for the offence punishable under Section 376(f) and (i) of the Indian Penal Code and sentenced to suffer rigorous life imprisonment and to pay the fine of Rs.1,000/- and in default to suffer R.I. for two months. The Applicant is also been convicted for the offence punishable under Section 6 of the POCSO Act and is sentenced to suffer rigorous life imprisonment and to pay the fine of Rs.1,000/- and in default to suffer R.I. for two months. Both the sentences are directed to be run concurrently.
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20.ia973.24.doc
expedited. As soon as the paperbook is ready, liberty is granted to the learned counsel for the applicant to mention for fixing early date of hearing.
terms.
SHYAM C. CHANDAK, J. REVATI MOHITE DERE, J.
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H.C.SHIV
1 issue framed by the court
Whether the applicant convicted under Sections 376(f)/(i) IPC and Section 6 POCSO should be enlarged on bail pending appeal after serving about seven years of sentence.
2 provisions across 2 enactments
Chandevdas Ramanand Das
The Union Territory of Daman
Respondent No.2
Revati Mohite Dere
Shyam C. Chandak
As recorded by the court registry
13 orders share this CNR
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