AJINKYA EKNATH KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail pending appeal against the conviction preferred by the applicant. The appeal has been admitted. Vide judgment and order dated 17 th August 2019 passed by Special Judge (POCSO), the applicant is convicted for the offence punishable under Section 376 (2) (n) of Indian Penal Code , 1860 (for short " IPC ") and sentenced to suffer rigorous imprisonment for 10 years. He is also convicted for offence punishable under Section 4 of the Protection of Children from Sexual Offences Act (POCSO Act) 2012 and sentenced to suffer rigorous imprisonment for 10 years. The applicant is further convicted for offences under Section 342 read with Section 34 of IPC and Section 9 of Prohibition of Child Marriage Act 2006 and sentenced to suffer imprisonment for two years. He was acquitted for offences under Section 366 read with Section 109 of IPC and Section 493 of IPC.

(2.) The prosecution case is that victim was studying in XIth standard. Her marriage was performed on 30 th June 2013 with accused No.1 who is son of accused No.2. The victim was taken to house of accused No.1 and accused No.2. Accused No.1 had physical relationship with victim against her wish. The victim was 16 year old at the time of incident.

(3.) The accused No. 2 to 5 were convicted for the offence under Section 10 of Prohibition of Child Marriage Act and sentenced to suffer rigorous imprisonment for two years and also under Section 11 of Prohibition of Child Marriage Act 2006 and sentenced to suffer rigorous imprisonment for two years. Accused No.4 and Accused No.5 were convicted under Section 366 read with Section 109 and sentenced to suffer rigorous imprisonment for three years. The Accused No.1 to 3 were acquitted for offence under Section 366 read with Section 109 of IPC. Accused No. 4 and 5 were acquitted for offence punishable under Section 342 read with Section 34 of IPC. Accused No.2 to 5 were acquitted for offence punishable under Section 376 (2) (n) read with Section 109 of IPC and Section 496 read with Section 34 of IPC.