LAWS(BOM)-2023-1-277

PAWAN Vs. STATE OF MAHARASHTRA

Decided On January 18, 2023
PAWAN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Applicant who is convicted by learned Special Judge, Aurangabad in Special Case (POCSO) No.164 of 2017, for commission of offences under Sec. 376(2)(n), 363 and 506 of Indian Penal Code (IPC) and under Sec. 5(l) punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) registered with Cidco Police Station, Aurangabad City, is seeking suspension of sentence as well as grant of bail.

(2.) Taking us through the charge-sheet, learned counsel for applicant would submit that complaint came to be lodged by informant alleging that, she is studying in 7th Standard. It is narrated that the applicant was her neighbour. That, on 12/8/2017, it is alleged that while she was alone as her parents were out of station, applicant called her on the pretext of some work and took her on the terrace of his house and had sexually ravished her. She was threatened to be killed if at all she discloses it to anyone and therefore, when she returned, she did not inform her uncle. However, when parents returned, she narrated the incident to them and therefore they took her to the police station where she lodged complaint, on the strength of which police registered crime bearing No.0522 of 2017 for commission of above offence.

(3.) It is submitted that applicant is falsely involved. Complaint is belated. That, it is doubtful whether informant is minor as manufactured and fabricated birth certificates are subsequently tendered. That, apparently FIR is registered after two days of alleged offence and as such there is delay, but the same is not explained.