RAKESH SADASHIV KAMBLE 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 was tried for offences under Ss. 376(2) (n), 506 of Indian Penal Code (for short " IPC ") and Ss. 3(a) , 4 , 5(J)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). Vide Judgment and order dtd. 12/4/2022, the applicant has been convicted for offences under Sec. 376(2)(n) , 506 of IPC and Sec. 3(a) punishable under Sec. 4 and Sec. 5(J)(ii) punishable under Sec. 6 of the POCSO Act and sentenced to suffer imprisonment of 10 years and 20 years respectively.

(3.) Learned counsel for the applicant submitted that the victim and her mother has not supported the prosecution case. The conviction is based only on the DNA report which suffers from serious infirmities. The procedure followed for collecting the blood samples and conducting test, DNA was faulty which is evident from the cross examination conducted at the instance of the accused. The applicant is in custody for two and half years. Learned counsel for the applicant has relied upon the decision in the case of Suresh Karbhari Wadage Vs. The State of Maharashtra dtd. 13/7/2017 delivered in Criminal Appeal No.413 of 2015.