AATISH SURJI DUNGARKAR Vs. UNION TERRITORY OF DADRA

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. 9/2/2023 passed by the learned Special Judge (under POCSO Act), Dadra & Nagar Haveli, Silvassa for offence punishable under Sec. 376 of Indian Penal Code (for short " IPC ") and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') on both the counts the applicant has been sentenced to suffer imprisonment of ten years. Both the sentences are directed to run concurrently.

(3.) The prosecution case is that the victim and the accused were closely acquainted with each other. There was love affair between them. Their marriage was fixed. However, before the marriage could be solemnized, there was dispute between them which has resulted in registration of FIR. Apparently the victim was aged around Seventeen and half years at the time of incident. It is pointed out that, subsequently the victim and the accused got married when the victim had attained the age of majority. It seems thereafter there were differences between them and both are separated from each other.