MOHAMMAD MUNNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These applications are preferred for seeking suspension of sentence and grant of bail during pendency of appeal preferred by the applicant challenging the Judgment and order dated 1 st October, 2019 passed by learned Additional Sessions Judge-8, Thane, in Special Case (POCSO) No. 103 of 2015 convicting the applicant for offence punishable under Section 376(2)(i) of Indian Penal Code and Section 3 punishable under Section 4 of Protection from Sexual Offences Act, 2012 (for Short "POCSO ACT"). The applicant has been sentenced to suffer rigorous imprisonment for ten years on each count and the sentences were directed concurrently.

(2.) The appeal has been admitted and it is pending for hearing.

(3.) Learned advocate for the applicant submitted that there is no evidence to convict the applicant for alleged offences. The applicant is in custody from 14th February, 2015 and thus he has undergone imprisonment for a period of about five and half years. There are no criminal antecedents against the applicant. Learned Advocate pointed out the evidence of witnesses and contended that the victim as well as the mother of victim has not supported the prosecution case. They were cross examined by the prosecution but nothing could be elicited in support of prosecution. There is no corroborative evidence to support the prosecution case. The C.A. Report with regards to clothes of the victim and the accused indicate that, ABO grouping is inconclusive. The Medical Officer who had allegedly examined the victim was not examined before the Court in spite of giving opportunity to the prosecution. The Trial Court convicted the applicant by relying upon the statement of victim under Section 164 of Cr.P.C. The prosecution had not confronted the victim with the statement under Section 164 of Cr.P.C.