DASA BHIMRAO CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him.

(2.) The applicant/accused is convicted of offences punishable under Sections 354, 354(A)(1)(i) of the Indian Penal Code as well as under sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO' for the sake of brevity). He is sentenced to suffer Simple Imprisonment for 7 years apart from payment of fine of L 1,000/for the offence punishable under Section 4 of the POCSO Act and for the offence punishable under Section 8 thereof he is sentenced to suffer Simple Imprisonment for three years apart from payment of fine of L 1,000/. No separate sentence were imposed on the applicant/accused for other offences.

(3.) Heard the learned Advocate appearing for the applicant/accused. He drew my attention to the litigation between the prosecuting party and the accused and contended that both the parties were on inimical terms. He drew my attention to the Petition under Section 161 of the Motor Vehicles Act filed before the Member, Motor Accident Tribunal, Pune and argued that as seen from crossexamination of PW1 Anita there was dispute regarding share in the amount of compensation payable on account of death of her mother-in-law. Therefore, the applicant is falsely implicated in the crime in question. He further argued that as the applicant is 75 years old. He be released on bail.