TULSHIRAM GOPAL MANEREversusTHE STATE OF MAHARASHTRA AND ORS

                                                           98-apeal-1301-19.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION
             CRIMINAL APPEAL NO. 1301 OF 2019
Tulshiram Gopal Manere                   …Appellant
      V/s.
The State of Maharashtra & Ors.          ...Respondents.

                             …………..
Mr.Nitesh S. Nevshe, Appointed Advocate a/w. Adv. Shweta Nevshe
and Adv. Utkarsh Kupte for the Appellant.
Mr. B.V. Holambe Patil, APP for the Respondent/State.
                             …………..
                           CORAM :         N.R. BORKAR, J.
                           DATE       :    17.01.2026.
 P.C. :

1.       Mentioned out of turn.


2.       This appeal takes exception to the judgment and order dated
9th August 2019 passed by the learned Special Judge (POCSO),
Thane in Special Case No. 83 of 2017.


3.       The appellant, who was the accused before the Trial Court,
was tried for the offences punishable under Sections 376(n), 323,
354, 506 of the Indian Penal Code and Sections 6 read with 5(l)
(m), 10 read with 9(l)(m) of the Protection of Children from Sexual
Offences (POCSO) Act. By the impugned judgment and order, the
Trial Court convicted the appellant/accused for the following
offences:
        a]    Section 376 (n) of the IPC and sentenced him to suffer
        rigorous imprisonment for Ten Years and to pay fine of
        Rs.10,000/-, in default to suffer rigorous imprisonment for six
        months;



Dinesh S. Sherla                      1/2
                                                         98-apeal-1301-19.odt


        b]    Section 6 read with 5(l) and (m) of the POCSO Act and
        sentenced to suffer rigorous imprisonment for Ten Years and
        to pay fine of Rs. 10,000/-, in default to suffer rigorous
        imprisonment for six months; and
        c]    Section 10 read with 9(l) & (m) of the POCSO Act and
        sentenced to suffer rigorous imprisonment for five years and
        to pay fine of Rs.5000/-, in default to suffer rigorous
        imprisonment for six months;
        d]    Section 323 of the IPC and sentenced him to suffer
        rigorous imprisonment for one year and to pay fine of
        Rs.1000/-, in default to suffer simple imprisonment for three
        months;
        e]    Section 354 of the IPC and sentenced him to suffer
        rigorous imprisonment for one year and to pay fine of
        Rs.1000/-, in default to suffer simple imprisonment for three
        months; and
        f]    Section 506 of the IPC and sentenced him to suffer
        rigorous imprisonment for one year and to pay fine of
        Rs.1000/-, in default to suffer simple imprisonment for three
        months.

4.       The appellant has forwarded the present application dated
26th July 2023 seeking permission to withdraw the present appeal
on the ground that he has already undergone the entire sentence
imposed by the trial Court and he does not want to prosecute the
present appeal. It appears from the letter of Superintendent of Jail,
Amravati dated 29th November 2025, that on completion of
sentence, the appellant has already been released from Jail.


5.       As the appellant does not want to prosecute the present
appeal, the same is disposed of as withdrawn.



                                             [N.R.BORKAR, J.]


Dinesh S. Sherla                     2/2