1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 475/2010 (APPA) in Criminal Appeal No./-------/2010 The State of Maharashtra vs. Prem @ Anil Rameshwar Sawat ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.LAVANDE & P.D.KODE,JJ DATE : 13.8.2010 Heard Mrs. Joshi, learned APP for the applicant. By this application under Section 378 of the Code of Criminal Procedure the applicant seeks leave to appeal against the Judgment and order of acquittal dated 27th April, 2010 passed by the Additional Sessions Judge, Nagpur in Sessions Trial No. 553/2009 acquitting the respondent for the offence punishable under Section 376(2)(f) of the Indian Penal Code. The respondent was charged for having committed offences punishable under Sections 454 and 376(2)(f) of the Indian Penal Code and under Section 57 of the Bombay Children Act, 1948. The respondent pleaded guilty to the charge. The learned trial Judge by the impugned Judgment and order convicted the respondent for the offences punishable under Sections 452 of IPC and 57 of the 2` Bombay Children Act and imposed sentences on him. However, in respect of Section 376(2)(f) of the Indian Penal Code the learned trial Judge recorded a finding that the respondent had attempted to rape two minor children who were admittedly below 12 years of age and convicted and sentenced the respondent for the offence punishable under section 376 read with Section 511 of the Indian Penal Code. Having heard Mrs. Joshi, learned APP we find that the matter requires consideration. In our opinion, this is a fit case which requires to be disposed of at the earliest and no purpose would be served by simply granting leave to appeal against acquittal and admitting the appeal. Hence, we grant leave to appeal against the Judgment and order of acquittal insofar as Section 376 (2)(f) of the Indian Penal Code is concerned. Mrs. Joshi states that the respondent shall be released from jail on 14.8.2010. The application stands disposed of. Criminal Appeal No./------/2010 (The State of Maharashtra vs. Prem @ Anil Rameshwar Sawat): Heard Mrs. Joshi, learned APP for the appellant. Admit. The respondent is put on notice that appeal 3` shall be disposed of at the returnable date. Action under Section 390 CrPC to follow. The respondent shall execute bail bond in the sum of Rs. 5000/- with one surety in the like amount to the satisfaction of the learned trial Judge. Fix the matter for final hearing on 4.10.2010. Having regard to the nature of the challenge to the impugned Judgment the preparation of paper book is dispensed with. Call for R & P. JUDGE JUDGE patle