(1.) This is an application for suspension of sentence and grant of bail during the pendency of appeal, challenging the Judgment and order dated 19th September, 2019 passed by the Special Judge under P.O.C.S.O. Act, Gr. Bombay, in POCSO Special Case No. 60 of 2017, convicting the applicant for offence punishable under Section 6 of Protection from Sexual Offences Act, 2012 (for Short "POCSO Act") and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs.6000/-.
(2.) The prosecution case in short is that, on 2 nd December, 2016 the victim girl aged about 4 years, wanted to have chocolate. She went to the shop for bringing chocolate. After returning home, the victim complained to her mother about bleeding. The victim's mother checked the under garment of the victim and found blood. Victim's mother took her to Saint George Hospital. She was examined and the Doctor informed that there were scratches of nails over victim's private part and advised that the victim should be taken to J.J. Hospital. The victim's mother then took the victim to J.J. Hospital. Victim was examined. Nail scratches were noticed on her private part. The victim told her mother that one uncle having beard was present at chocolate shop and he removed her under garment and inserted finger in her private part. The report was lodged. Offences were registered under Section 376 of Indian Penal Code r/w Sections 4, 6, 8 & 12 of POCSO Act. On completing investigation, charge-sheet was filed.
(3.) After recording the evidence of witnesses, the trial Court convicted the applicant for the aforesaid offences. In view of Section 42 of the POCSO Act, the trial Court did not to punish him separately for the offences punishable under Section 376 of IPC and Section 8 of POCSO Act.