VIJAY SHANKAR POUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The applicant seeks suspension of the sentence imposed upon him by the learned Special Judge, Ambajogai, in his judgment and order dtd. 19/4/2023 passed in Special (Child) Case No.50 of 2022, to suffer rigorous imprisonment for ten years for the offence punishable under Sec. 376(2)(n) of the Indian Penal Code, rigorous imprisonment for three years for the offence punishable under Sec. 354B of the Indian Penal Code, rigorous imprisonment for seven years for the offence punishable under Sec. 363 of the Indian Penal Code, rigorous imprisonment for twenty years each for the offence punishable under Sec. 4(2) and 6 of the Protection of Children from Sexual Offences (POCSO) Act and rigorous imprisonment for three years for the offence punishable under Sec. 8 of the POCSO Act.

(3.) The learned counsel for the applicant has argued that the allegations levelled against the accused are vague. The victim was not consistent as regards the spot and the nature of the incident. She had changed the spot of incident in her statement under Sec. 164 of the Code of Criminal Procedure. The medical evidence is also not cogent and reliable. That may not be considered as corroborative piece of evidence. He would submit that there was no immediate disclosure of the incident to her mother. The prosecution did not prove the case beyond reasonable doubt. The applicant is twenty one, having no antecedents to his discredit. The appeal may take its time to conclude. There are no possibilities of hearing the appeal on merit in near future. Hence, the sentence may be suspended.