KIRAN DNYANESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of substantive sentence of imprisonment. The applicant/appellant has been convicted by learned Special Judge (POCSO), Aurangabad, vide order dtd. 17/1/2023 in Special Case (POCSO) No.161 of 2019, for the offences punishable under Ss. 376(2)(i) of Indian Penal Code and Sec. 4(2) of the Protection of Children from Sexual Offences Act and therefore, sentenced to suffer rigorous imprisonment for ten years and to pay fine, with default stipulation.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the applicant would mainly submit that there is non-compliance of certain mandatory provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 ("Act of 2015") and therefore, the application deserves to be allowed. On merits of the case as well, he would submit it to be a fit case for suspension of substantive sentence of imprisonment. He adverted the Court's attention to the inconsistencies between the victim's statement to the police and her evidence before the Court.