Sameer Shashikant Jadhav vs The State Of Maharashtra And Anr
2021 Latest Caselaw 10435 Bom

P.H. Jayani                                         17 APEAL524.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 1662 OF 2021
                                  IN
                   CRIMINAL APPEAL NO. 524 OF 2021
                                WITH
                   CRIMINAL APPEAL NO. 524 OF 2021

Sameer Shashikant Jadhav                        .... Appellant
           v/s.
The State of Maharashtra and anr.               .... Respondents

Mr. Govind Ghogare for the Appellant.
Mr. S.V. Gavand, APP for the State.
Ms. Megha Bajoria for Respondent No.2.

                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 05th AUGUST, 2021.

P. C. :-

ORDER IN INTERIM APPLICATION NO.1662 OF 2021 :-

. This is an Application under Section 389 of Cr.P.C. for suspension

of sentence imposed by judgment dated 25/03/2021 passed by the

Extra Joint District Judge & Addl. Sessions Judge, Ratnagiri in Special

Case No.19/2018 and enlargement on bail.

2. The Applicant has been held guilty for offences under Sections

363, 376, 504, 506 of the Indian Penal Code and Section 3(a) r/w. 4,

Sections 5(i)(j)(ii)(1) r/w. 6 of the Protection of Children from Sexual

P.H. Jayani 17 APEAL524.2021.doc

Offences (POCSO) Act, 2012 and sentenced to undergo rigorous

imprisonment for three years for offence under Section 363 of IPC and

to pay fine of Rs.5,000/- in default to undergo simple imprisonment for

five months and ten years in respect of offence under Section 376 of

IPC and Section 5(i)(j)(ii)(1) r/w. 6 of the Protection of Children from

Sexual Offences Act, 2012 and to pay fine of Rs.10,000/- in default to

undergo simple imprisonment for six months.

3. Heard Mr. Govind Ghogare, learned counsel for the Applicant, Mr.

S.V. Gavand, learned APP for the State and Ms. Megha Bajoria, learned

counsel for Respondent No.2 - victim. I have perused the records and

considered the submissions advanced by the learned counsels for the

respective parties.

4. The case of the prosecution is that the Applicant had penetrative

sexual assault on the victim who was below 18 years of age. The

evidence of PW1 prima facie indicate that the victim was below 18

years of age and she is a child within the meaning of Section 2(d) of

POCSO Act. The statement of victim prima facie indicate that the

Applicant had committed penetrative sexual assault. Her pregnancy

was terminated. DNA profiling was carried out to determine the

P.H. Jayani 17 APEAL524.2021.doc

paternity of the foetus. The report prima facie indicates that the

Applicant and the victim are the biological parents of the child. Thus,

there is prima facie material on record to indicate that the Applicant

had committed penetrative sexual assault against the victim who was

below the age of 18 years.

5. Considering the nature and gravity of the offence, this is not a fit

case which would justify suspension of sentence. Hence, the Interim

Application is dismissed.

ORDER IN CRIMINAL APPEAL NO. 524 OF 2021 :-

6. This Appeal was admitted by order dated 13/07/2021. The

Interim Application for suspension of sentence has been rejected.

Considering that the matter relates to the sexual offence against a

minor, hearing of the Appeal is expedited. Filing of the paper book is

dispensed with. Appeal be listed on final hearing board in the week

commencing from 06/09/2021.

PREETI                                                  (SMT. ANUJA PRABHUDESSAI, J.)
H JAYANI
Digitally signed by
PREETI H JAYANI
Date: 2021.08.20
14:16:01 +0530