KIRAN RAJEBHAU SHEREKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for grant of bail and suspension of sentence. The applicant, who is the sole accused, was convicted in Special (Case) No.41 of 20222, passed by the Special Judge (POCSO Act), Ambajogai, Taluka Ambajogai, Dist. Beed. He was convicted for commission of offence punishable under Sec. 6 of the Protection of Children from Sexual Offices Act, 2012 (hereinafter referred to as the "Act of 2012" for the sake of brevity) and Sec. 506 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC" for the sake of brevity). The applicant was also convicted for the commission of offence punishable under Sec. 376AB of the IPC and no separate punishment was awarded in the light of Sec. 42 of the Act of 2012. For commission of the offence punishable under Sec. 6 of the Act of 2012, the applicant was directed to suffer rigorous imprisonment for 20 years and fine of ? 10,000/-. For the commission of offence punishable under Sec. 506 of IPC the applicant was directed suffer rigorous imprisonment and pay fine of 5,000/-. Default sentences were also imposed on the applicant.

(2.) A first information report, i.e., Exhibit 74-C, was lodged on 19/3/2022 with the Ambajogai Rural Police Station, bearing No.49 of 2022, for the commission of offences punishable under Sec. 376, 376(2)(j), 376AB and 506 of the IPC and Ss. 4 and 6 of the Act of 2012, at the instance of the uncle of the victim, against the present appellant.

(3.) The uncle, who was examined as PW-2 during the course of the trial, has stated that the victim of the crime aged about 8 1/2 years old at the time of the incident was subjected to forcible sexual intercourse on 19/3/2022, and therefore, the report was lodged. After arrest of the applicant, the clothes were seized, so also the victim and the applicant were forwarded for the medical examination.