SUNIL SOMA BHAMBLE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival submission on this Criminal Appeal preferred by the appellant-accused challenging his conviction for the offence punishable under section 9(m) read with section 10 read with section 18 of Protection of Children from Sexual Offences Act.

(2.) Initially the bail application was taken before the Court when the appeal was admitted. That time considering the evidence adduced before the trial Court, it was thought fit that instead of deciding the application for bail, the entire appeal can be disposed of by expeditious hearing and as such today the entire appeal is heard and is being disposed of by this order.

(3.) The applicant is charged for attempting to commit rape on the small child, prosecutrix girl, aged about 4 years. Initially there was offence levelled against the appellant-accused punishable under section 4 read with section 18 of the Protection of Children from Sexual Offences Act. Subsequently the charge was altered during the proceeding and appellant-accused was charged for the offence under section 9(m) read with section 10 read with section 18 of the Protection of Children from Sexual Offences Act. As such the charge was attempt to commit an aggravated sexual assault in the sense that allegedly the appellant tried to have sexual intercourse with the child of 4 years age after taking the child in his hut in the evening of 05th February 201