NIVAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned advocate Mr. Joydeep Chatterji for applicant and learned Additional Public Prosecutor Mr. B. V. Virdhe for State - Respondent.

(2.) Present application has been filed for suspension of sentence imposed on the applicant / original accused in Special (POCSO) Case No.11 of 2018 decided on 20-07-2019, by learned Special Judge, Beed. The applicant has been sentenced thus,

(3.) It has been vehemently submitted on behalf of the applicant that, the applicant was on bail throughout the trial. He has deposited the fine amount in Trial Court on 22-07-2019. The appeal filed by him challenging the conviction against him will not come up for final hearing in near future. The evidence that has been recorded before the Trial Court would show that the informant was 11 years old. She along with her friend were travelling in four wheeler. Her friend's uncle was driving the said four wheeler. In fact on the day of incident the victim and her friend had attended extra class, and her father, uncle and friend's uncle had come to pick them. Thereafter, in vehicle the two girls and uncle were travelling back home. When they reached near Mondha Naka, the present applicant and one Shankar Gire had stopped the vehicle. Shankar occupied the seat near driver, behind them the girls were sitting and behind them the present applicant took seat. When the vehicle was proceeding at that time present applicant, as it is alleged had pinched the victim and, thereafter he had started to rub her chest by another hand. After they got down in village, the applicant had threatened to kill her parents. She was scared but then narrated the incident to her mother and, thereafter, on the next day the First Information Report was lodged. In fact, the girl is silent on the points that as to why she did not shout or why she did not inform it to the uncle who was driving the vehicle, is a question. Further the friend is not supporting her. The learned Trial Court appears to have been got swayed away with the testimony of the informant. The applicant has every scope in the appeal and taking into consideration the fact that the sentence that has been imposed is short term, he be released on bail by suspending the sentence pending appeal.