DHONDURAM BHIKU TAMBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail during the pendency of appeal preferred by applicant challenging the Judgment and order dated 3 rd December, 2019 passed by the Special Judge under P.O.C.S.O. Act, Gr. Bombay, in POCSO Special Case No. 298 of 2018. The applicant has been convicted for offences punishable under Sections 6, 10 and 12 of Protection from Sexual Offences Act, 2012 (for Short "POCSO Act"). He is sentenced to suffer rigorous imprisonment for Twenty years, Five years and Three years, respectively on each count. The sentences were directed to run concurrently.

(2.) The prosecution case is that, the accused, victim and complainant are residing on the same floor in the building. On 18 th April, 2018, the complainant went to the house of her neighbour. She was returning to her house saw accused inserting finger in the vagina of victim. The complainant disclosed the incident to her mother-in- law. Thereafter, the said fact was informed to neighbour Sushma Gadge. The victim was called and inquiry was made with her by Sushma Gadge. The victim disclosed her the incident. The complainant brought the said fact to notice of aunt of victim. The matter was reported to police. The complaint was lodged by the neighbour of victim. Charge-sheet was filed.

(3.) The complainant was impleaded as Respondent No.2 in this application. Notice was issued to the complainant. Notice was served. On the previous date of hearing, the complainant was present in the Court. She requested for providing legal aid to represent the complainant and victim. The father of victim was also present in the Court on 21st October, 2020. Learned Advocate Ms. Deepa S. Amati was appointed to represent the victim and complainant.