LAXMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Convict, who has preferred Criminal Appeal No.1157 of 2023 against the judgment and order of conviction dtd. 26/10/2023 passed by learned Special Judge, Osmanabad in Special Case (POCSO) No. 26 of 2021, is praying for suspension of sentence and grant of bail during pendency of appeal.

(2.) According to learned counsel for applicant, upon trial for offence punishable under Sec. 363, 366, 376(3), 376(DA), 341 and 342 of Indian Penal Code (IPC) and under the provisions of POCSO Act, applicant was held guilty and is sentenced to suffer imprisonment for 20 years, 3 years and 6 months, respectively, vide judgment and order dtd. 26/10/2023. According to learned counsel, firstly, evidence clearly shows that there is no cogent and reliable evidence about age of victim. Secondly, victim was not kidnapped by applicant. That, allegations of kidnapping attributed to one Anand that he was also on relevant day at service place. Except evidence of victim, there is no independent evidence. That, complaint is also not lodged promptly. Medical evidence is also not supporting prosecution nor forensic evidence supporting prosecution. Girl has fabricated story to merely involved applicant, who has political background. According to him, judgment and order of conviction has been taken exception to, it being a product of improper appreciation. As according to learned counsel, appeal is filed in 2023 and as same would take pretty long time to be heard and decided, he prays for suspension of sentence and grant of bail during pendency of appeal.

(3.) Learned APP strongly opposed the application pointing out that, victim is barely 14 years of age. She was kidnapped, confined in the house of accused and twice raped. Victim has returned home late night after she was allowed to go, and therefore, complaint was lodged in the morning. Victim's evidence inspires confidence. There is medical as well as forensic evidence. Therefore, offence being serious, she prays to dismiss the application.