PRAKASH NARAYAN JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail, pending hearing and fnal disposal of Criminal Appeal No.1325 of 2019 preferred by the applicant challenging the Judgment and Order dated 23 rd September 2019 passed by Special Judge under POCSO Act in POCSO Special Case No 97 of 2015.

(2.) The applicant was prosecuted for the ofence punishable under Sections 354-D and 376(2) of Indian Penal Protection of Children from Sexual Ofences Act, 2012 (for short "POCSO Act"). The applicant has been convicted for the ofence punishable under Section 6 of the POCSO Act and sentenced to sufer rigorous imprisonment for 10 years. He has also convicted for the ofence punishable under Section 10 of the POCSO Act and sentenced to sufer rigorous imprisonment for 5 years. Both the substantive sentences were directed to run concurrently.

(3.) In nutshell, the prosecution case is that, on 09 th September 2014, the accused took victim girl to rear seat of the school bus. He removed her short and under garment and inserted his fngers in her vagina. The victim girl was aged about three and half years old at the time of incident. She used to travel in the said school bus in order to attend school and to return home. The accused was working on the bus as attendant. The victim's mother came to know of this fact when the victim complained that she was unable to pass urine. The victim was taken to Doctor. Complaint was lodged. Statement of victim was recorded. Investigation completed.