JAVED SALIM PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for the suspension of sentence of imprisonment imposed vide Judgment and Order dated 19 th April, 2018 passed by Additional Sessions Judge, Solapur in Sessions Case No. 149 of 2016 during the pendency of Criminal Appeal No. 1417 of 2019.

(2.) The applicant is convicted for the offence punishable under Section 4 of Protection of Children from Sexual Offences, Act 2012 ("POCSO" ACT) and sentenced to suffer rigorous imprisonment for ten years. He is also convicted for the offence punishable under Sections 363 and 366-A of Indian Penal Code, 1860 (" IPC " for short) and sentenced to suffer imprisonment for two years, one year and four years respectively. The applicant is further convicted for the offence punishable under Section 376(2) (i) of IPC but no separate sentence is awarded. The substantive sentences were directed to run concurrently.

(3.) Notice was served to respondent No.2. Report submitted by police with regards to the service upon the respondent No.2 is placed on record. The report indicated that the parents of respondent No.2 had requested that they may be represented by advocate through legal aid. Hence, Ms. Deepa Amati was appointed as Amicus Curiae vide Order dated 30th September, 2020 to represent respondent No.2.