SAGAR PITAMBAR KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed for suspension of sentence. The applicant/ appellant has been convicted in Special (POCSO) Case No.92 of 2014, by learned Additional Sessions Judge, Jalgaon Dist. Jalgaon, on 01-08-2019. He has been sentenced thus :

(2.) Heard learned Advocate Mr. H. P. Randhir for applicant and learned Additional Public Prosecutor Ms. Vaishali Patil - Jadhav for respondent-State.

(3.) It has been vehemently submitted on behalf of the applicant that, the learned Trial Judge has not appreciated the evidence properly. He failed to consider that the victim had sufficient understanding capacity. In her deposition she is accepting that, there was love affair between her and the accused and they used to keep physical relations at their village when their parents used to be out of house. She was pregnant and, thereafter, when accused intended to marry her and called her, she came along with him on 20-10-2014. She has given birth to a child on 04-11-2014. The relations are with consent and, therefore, the strict analogy ought not to have been adopted. There are various points which the applicant/ appellant intends to raise at the time of final hearing of the appeal. He was on bail throughout the trial. He has not misused the liberty granted to him and, therefore, the said sentence be suspended till the final hearing and decision of the appeal.