SUNNY SHYAM KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is seeking suspension of sentence of imprisonment imposed vide Judgment and Order dated 29 th July 2019 passed by Special Judge under POCSO Act in POCSO Special Case No. 69 of 2018. The Applicant is convicted for offences punishable under Sections 4 , 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") Act and Section 506 (ii) of Indian Penal Code (for short " IPC "). He has been sentenced to undergo Rigorous Imprisonment for 20 years, 5 years and 3 years respectively.

(2.) The Applicant was on bail during the trial. On conviction, his bail bonds were forfeited and he was taken in custody.

(3.) The prosecution case is that, the victim was aged about 14 years at the time of incident. On 2 nd December 2017, she disclosed to her mother that she got acquainted with the accused before two weeks. The accused asked her to give pen and piece of paper while she was returning from school and she handed over pen and piece of paper to the accused. The accused noted his mobile number on the said piece of paper and handed over the same to the victim. After reaching home, the victim gave a missed-call on the said mobile number. After the missed-call, the accused called on the said number. The accused started meeting the victim at the bus stop of school everyday. On 26th November 2017, the accused called the victim on phone and informed her to bring one dress in school bag as she has to accompany him to Siddhivinayak Temple. Victim carried one dress in her school bag. Accused collected her from the school. He took her near the public toilet situated at Dadar and told her to change the school uniform. The accused informed the victim that he wanted to talk with her and took her to guest house. He committed forcible sexual intercourse with her at the guest house. He took her nude photographs in his mobile phone. She did not disclose about the same to anybody as she was scared. On 30 th November 2017 the accused took the victim to his house. The accused pointed out nude photographs of victim to friend of her sister and also disclosed that he committed sexual intercourse with the victim. The accused also pointed out nude photographs even to sister of victim. The incident was not informed to mother by victim's sister as her father was not keeping well. The mother of victim called the accused and made inquiry with him and he denied the incident.