ANURAG MOTIRAM BAVKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail. The applicant has been convicted for offences punishable under Ss. 376(2)(n) , 376(AB) , 354 , 354-A , 377 , 506 of Indian Penal Code (for short " IPC ") and Ss. 3(a) r/w Ss. 4 , 5(1)(m)(n) , r/w Ss. 6 , 7 r/w Ss. 8 , 9(1)(m)(n) r/w Ss. 10 , 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). The maximum sentence imposed by the trial Court is for 20 years.

(2.) The case of the prosecution is that, the victim girl aged around 10 years was sexually assaulted by the applicant. The applicant/accused is the uncle of the victim girl.

(3.) Learned Advocate for the applicant submitted that the applicant has been falsely implicated in this case. The victim girl had developed close intimacy with the elder brother of the applicant which was objected by him and he had advised the victim to stay away from him. There has been delay in lodging the First Information Report. The incident had occurred in July-August 2020 and the complaint was lodged on 10/2/2021. Although the applicant had examined, the defence witness whose statement was recorded by the Police during investigation, the said witness has deposed about the close acquaintance of the victim and the brother of the applicant. It is further submitted that the applicant's elder brother with whom the victim was closely acquainted had committed suicide and no investigation was done in that respect. The evidence suffers from serious contradictions. The applicant is in custody for a period of about two and half years.