GANESH SAKHARAM KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail during the pendency of appeal challenging the judgment of conviction.

(2.) The applicant has been convicted vide Judgment and order dtd. 1/8/2022 for offence punishable under Sec. 376 of Indian Penal Code (for short " IPC ") and Ss. 3 & 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and sentenced to suffer imprisonment of ten years.

(3.) Learned Advocate for the Applicant submitted that, during the course of investigation, the statements of prosecutrix/victim were recorded under Ss. 161 & 164 of Cr.P.C. In the statement under Sec. 164 of Cr.P.C. the victim had completely exonerated the applicant from the alleged charge of sexual assault. During the cross examination of the victim/PW-2 she has admitted that, her statement was recorded under Sec. 164 of Cr.P.C. and its contents are true. It is further submitted that the age of victim has not been proved by the prosecution to determine that she was minor at the time of incident. The evidence of complainant or the Investigating Officer does not mention that the birth certificate of the victim is being produced in evidence to support the age of victim. However, in the Judgment of the trial Court it has been mentioned that the birth certificate was produced by the victim. It is submitted that the source of the said documents is not established. The contents of the said documents were not proved.