PRAVIN @ BANDU ASHOK DAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed under Section 389 of the Code of the Criminal Procedure, 1973 (hereinafter referred to as the 'CrPC') for suspension of sentence pending the appeal and release of appellant / applicant on bail.

(2.) The facts giving rise to the application, in nutshell, are as under :

(3.) After framing the charge against all the four accused under Section 363, 366, 376 (2)(n) r.w. 34 of the I.P.C. and Section 3 r/w. 4 of the POCSO Act on 05.12.2017, learned Additional Sessions Judge, Newasa conducted trial and after conclusion of the trial, held applicant / accused guilty for the offence under Section 363, 376 (2)(n) r.w. 34 of the I.P.C. and Section 3 r/w. 4 of the POCSO Act and sentenced him to suffer Rigorous Imprisonment for three years and to pay fine of Rs.5,000/-, in default of payment of fine amount, to suffer further simple Imprisonment for one month for offence under Section 363 of the I.P.C. and also sentenced him to suffer Rigorous Imprisonment for ten years and to pay fine of Rs.5,000/-, in default of payment of fine to suffer simple Imprisonment for three months for the offence punishable under Section 376 (2)(n) of I.P.C. and also directed to run both the sentences concurrently.