ASHISH EKNATH DHAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant, the learned A.P.P, and the learned counsel for respondent No.2.

(2.) The applicant is seeking the suspension of a sentence imposed on him by the learned Special Judge Shrigonda for the offence punishable under the POCSO Act.

(3.) The learned counsel for the applicant took the Court through the impugned Judgment and order and the evidence of the victim and her mother. He has vehemently argued that the mother appears to have played an active role in initiating the prosecution against the applicant. The statement of the victim was recorded belatedly. Her cross-examination reveals that she gave a statement to the police identical to her mother's statement. He tried to argue that the victim might have been tutored, and considering her age, she was amenable to tutoring. The incident happened in a marketplace where people used to be there. The incident appears not probable. He has also read the cross-examination of the victim and argued that on the day of the alleged incident, her test in School was not good, and hence she was weeping in front of her mother. In sum and substance, he has tried to argue that the prosecution has not proved the case beyond a reasonable doubt. The learned Special Judge (POCSO) Shrigonda has incorrectly applied presumption under Sec. 29 of the POCSO Act. He would also argue that the applicant is a young boy and the sentence is for a short term. Reading the material placed before this Court, he prayed to suspend the sentence till the conclusion of the appeal.