RAKESH KONDIRAM TIKONE 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 the applicant challenging the judgment of conviction dated 30 th September, 2019. Applicant has been convicted for the ofence under Section 5(1) punishable under Section 6 of Protection of Children From Sexual Ofences Act ("POCSO Act", for short) read with Section 376 (2)(n) of Indian Penal Code (" IPC ", for short) and sentenced to sufer rigorous imprisonment for ten years and to pay fne of Rs.10,000/-. He is also convicted for the ofence punishable under Section 506(II) of IPC and sentenced to sufer rigorous imprisonment for one year.

(2.) The case of the prosecution is that the report was lodged by the mother of the victim. It is alleged that the victim was studying in 11th standard. She used to sit in the shop. The accused was also running business infront of the shop of the informant. On 8th March, 2017, the victim told her that, the accused become friendly with her. The accused had forcible sexual intercourse with her. Thereafter, she was threatened and in October 2016, November 2016, December, 2016, January 2017 and February 2017 accused committed sexual intercourse with the victim. First Information Report ("FIR", for short) was lodged on 9th March, 2017. Investigation was completed and charge- sheet was fled.

(3.) The applicant was in custody from 8 th March, 2017 to 17th July, 2017. Subsequently, he was released on bail. He was again taken into custody on the date of judgment of conviction and from 30th September, 2019, the applicant is in custody. Learned advocate for the applicant submitted that the applicant was on bail during the trial. He has undergone custody for a period of about 18 months. The applicant has not misused the liberty of bail. There are discrepancies in the evidence. The Appeal challenging the conviction has been admitted and pending for fnal disposal. Learned counsel pointed out the history provided to the medical oficer by the victim wherein it was stated that the victim was having love relations with the accused and there was consensual sexual intercourse multiple times. His wife came to know about their relationship. It is submitted that the date of birth of the victim is under challenge before the Court. The applicant has good case on merits.