HEMANT RAMPRASAD KANNAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

(2.) The prayer made on behalf of the appellant/accused is to grant bail after suspending sentence as provided under Section 389(1) of the Criminal Procedure Code. The appellant has been found guilty for the offence punishable under Sections 363 , 366-A and 376 of the Indian Penal Code along with Section 6 of the Protection of Children From Sexual Offences Act, 2012. The maximum sentence awarded for Section 6 of the Protection of Children from Sexual Offences Act, 2012 is to undergo R.I. for 10 years and total fine is of Rs.20,000/-.

(3.) Two fold submissions are made. Firstly that during the pendency of tiral, the accused was on bail, after conviction he has deposited fine amount and secondly submissions are made on the merits of the case. As against this, learned APP opposed the prayer by filing reply/affidavit. It is submitted that the accused has kidnapped a minor and had a sexual intercourse by taking her at his rented premises. The learned APP would submit that though there is some delay in lodgment of First Information Report, sufficient explanation is furnished in the shape that during meantime father of victim has committed suicide.