Sagar S/O. Ramrao Waghmare vs The State Of Maharashtra
2021 Latest Caselaw 8128 Bom

                                      1           Cri-Appln-1673-2020.doc



             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO. 1673 OF 2020
                                    IN
                      CRIMINAL APPEAL NO. 511 OF 2020

 Sagar Ramrao Waghmare                               ... Applicant
       Versus
 The State of Maharashtra                            ... Respondent
                                    ....
 Mr. P. P. More, Advocate for the applicant
 Mr. S. W. Munde, APP for the respondent-State
                                    ....

                                  CORAM : R. G. AVACHAT, J.

DATED : 19th JUNE, 2021

PER COURT :-

. This is an application for suspension of substantive

sentence of imprisonment passed vide judgment and order dated

21.08.2020, passed by the learned Additional Sessions Judge, Latur,

in Special Case (POCSO) No.08/2018. The applicant has been

convicted for the offence punishable under Section 342, 363, 366,

376, 506 of the Indian Penal Code and Section 4 and 12 of

Protection of Children from Sexual Offences Act, 2012. The

applicant is sentenced to suffer imprisonment for three and to pay

fine of Rs.200/-, in default to suffer simple imprisonment for one

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month for the offence punishable under Sections 342, 363, 366 and

506 of the Indian Penal Code. The applicant is sentenced to suffer

rigorous imprisonment for ten years and to pay fine of Rs.300/-, in

default, to suffer simple imprisonment for one month for the offence

punishable under Section 376 of the Indian Penal Code and Sections

4 and 12 of the Protection of Children from Sexual Offences Act.

Substantive sentences to run concurrently.

2. Heard.

Perused the impugned judgment and the relevant

evidence placed on record.

3. The learned APP opposed the application.

4. It appears to be a case of emotional involvement. The

parents of the victim did not give date of birth of the victim. The

Radiologist, on examination of the victim stated the victim to have

been in the age group of 16 - 18 years, whereas, as per the opinion

of the Dentist, her age was between 17 - 19 years.

5. The Gramsevak of the village, tendered in evidence an

extract of the birth register. According to him, the date of birth of the

victim recorded therein is 15.08.2001. According to the learned

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Advocate for the appellant, no witness has been examined to show

on whose information the entry in the birth register was taken.

6. The appellant has been behind the bars since

18.12.2017. The appeal is not likely to take its turn for hearing in

the near future. It is, therefore, desirable to grant the application.

7. The application is, therefore, allowed in terms of prayer

clause (B).

8. Pending the appeal, the substantive sentence imposed by

the trial Court is suspended. The applicant be released on bail on his

executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen

Thousand) with surety in the like amount.

9. Bail before the trial Court.

[ R. G. AVACHAT, J. ]

SMS

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