Bombay High Court
Umesh S/O Bhushan Pandhare vs State Of Mha. Thr. Pso Ps Koradi ... on 13 December, 2021
Bench: V. G. Joshi
1 26 appeal 448-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.615 OF 2021 IN
CRIMINAL APPEAL NO.448 OF 2021
Umesh S/o Bhushan Pandhare ..vs.. State of Maharashtra, thr. P.S.O. P.S. Koradi, Nagpur.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri R.M. Patwardhan, Advocate for applicant.
Shri S.D. Sirpurkar, A.P.P. for non-applicant/State.
CORAM : VINAY JOSHI, J.
DATED : 13/12/2021
This is an application seeking suspension of
execution of sentence passed in Special (POCSO) Case No.101
of 2019 whereby the applicant was convicted for the offence
punishable under Sections 363, 376 (2) (n) of the Indian
Penal Code and Section 4 of the Protection of Children from
Sexual Offences Act, 2012. The trial Court has imposed
maximum sentence to suffer rigorous imprisonment for ten
years along with total fine of Rs.4000/- with default clause.
The State resisted this application by filing reply affidavit. The
State has contended about the nature of evidence and
seriousness of the offence.
2. With the assistance of both sides, I have gone
through the impugned judgment and evidence recorded
during the trial. Victim aged 15 years gave evidence that she
was desiring to marry with the applicant hence they went to
the temple however, due to her underage, they did not marry.
According to the victim, thereafter both of them went at a
relative's house where they had a repeated sexual
relationship. The applicant's learned Counsel would submit
that it is a case of love affair, however, there was no sexual
relation in between them. Both sides conceded that since the
2 26 appeal 448-2021
victim denied for medical examination, there is no supporting
medical evidence. Moreover, it is submitted that Chemical
Analyzer's Report does not support the prosecution case.
Besides that some inconsistencies and improbabilities are
pointed out.
3. Prima facie it reveals that there was love affair in
between them. The victim's statement is not supported by
medical evidence. Though medical evidence is not a must,
however an arguable case has been made out on merits.
During trial, applicant was on bail. The appeal will take its
own time for disposal. Having regard to this fact, execution of
substantive sentence passed in Special (POCSO) Case No. 101
of 2019 by the District judge-1 & Additional Sessions Judge,
Spl. Court (POCSO), Nagpur is hereby suspended till final
disposal of appeal.
4. In the meantime, the applicant shall be released on
bail on furnishing P.R. Bond of Rs.25,000/- with one surety of
like amount.
5. The release of applicant shall be subject to
payment of entire fine amount.
6. The trial Court shall ensure deposit of fine amount
before issuing release order.
7. Application stands disposed of in above terms.
JUDGE
3 26 appeal 448-2021
R.S. Sahare
Signed By:RANJANA SAMEER
SAHARE
Signing Date:15.12.2021 19:15
