Bombay High Court
Akash Devanand Thul vs The State Of Maharashtra, Thr. The ... on 1 June, 2021
Bench: Avinash G. Gharote
0106apeal216 of 2021.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPEAL NO.216/2021
Shri Akash Devanand Thul
...Versus...
The State of Maharashtra, through the Officer in-charge, Police Station
Yavatmal (Rural), Tahsil and District Yavatmal
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Mr. Atharva S. Manohar, Advocate for appellant.
CORAM : AVINASH G. GHAROTE, J.
DATE : 01/06/2021.
1. Hearing was conducted through Video
Conferencing and the learned counsel agreed that the audio
and visual quality was proper.
2. Heard Mr. Atharva Manohar, learned counsel for
the appellant.
3. By the present appeal a challenge is raised to the
judgment passed by the Additional Sessions Judge (Special
Court), Yavatmal under the Protection of Children from
Sexual Offences Act, 2012 (in short, "POCSO Act") dated
3/5/2021, whereby the appellant has been acquitted for the
0106apeal216 of 2021.odt
offence punishable under Section 235(i) of Criminal
Procedure Code and Section 12 of the POCSO Act read with
Sections 354-D and 448 of the Indian Penal Code. However,
the appellant has been convicted under Section 235 (ii) of
the Criminal Procedure Code for commission of offence
punishable under Section 8 of the POCSO Act. The accused
is also convicted for the offence punishable under Sections
447 and 506 of the Indian Penal Code. From the application
for suspension of sentence as placed on record, it is apparent
that during the course of the trial the accused was on bail.
Consequent to the conviction, on an application for
suspension of sentence the learned Special Court has been
pleased to suspend the sentence by an order dated 3/5/2021
for a period of one month under Section 389 (3) of the
Criminal Procedure Code on executing P.R. Bond and solvent
surety of Rs.15,000/-.
4. Learned Counsel for the appellant submits that
there are good grounds in the appeal as necessary witnesses
who were material have not been examined, nor it is his
contention that the age of the victim has been conclusively
proved.
5. Issue notice to the respondent, returnable in four
weeks.
6. Call for R & P.
0106apeal216 of 2021.odt
7. Mr. N.R. Patil, learned A.P.P. waives notice for the
respondent.
CRIMINAL APPLICATION (APPA) No.324 OF 2021.
1. Considering that throughout the course of the
trial, the appellant/applicant was on bail and post conviction
sentence has also been suspended, in light of the age of the
present appellant/applicant which is 22 years and the
contention that the age of the victim has not been
conclusively established, in light of this disputed contention,
the Criminal Application (Appa) No. 324/2021 is allowed
and the substantive sentence imposed by the Special Court in
Special (Child) Case No.12/2018 vide judgment dated
3/5/2021, is hereby suspended on the appellant/applicant
executing a P.R. Bond in the sum of Rs.25,000/- and
submitting a solvent surety in the like amount.
2. The application is disposed of accordingly.
3. Steno copy of this order is granted.
JUDGE
WADODE
