Bombay High Court
Vikas Motiram Rathod vs The State Of Maharashtra on 27 May, 2021
Bench: R. G. Avachat
1 941-Cr-Appln-1125-2021.doc
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1125 OF 2021
IN
CRIMINAL APPEAL NO.265 OF 2021
Vikas Motiram Rathod ... Applicant
Versus
The State of Maharashtra ... Respondent
....
Mr. G. G. Kadam, Advocate for the applicant
Mr. S. W. Munde, APP for the respondent-State
....
CORAM : R. G. AVACHAT, J.
(VACATION COURT)
DATED : 27th MAY, 2021
PER COURT :-
1. This application has been moved for suspension of the
execution of the sentence passed vide judgment and order dated
07.04.2021, by the learned Judge, Special Court, Ambad, District
Jalna in Special Case (Child) No.16/2021. The applicant has been
convicted for the offence punishable under Section 363 of the I.P.C.
and sentenced to suffer rigorous imprisonment for one year and to
pay fine of Rs.500/-, in default, to suffer simple imprisonment for
three months vide Section 235(1) of the Cr.P.C. The applicant has
been further convicted for the offence punishable under Section
354-A(i) of the I.P.C. and sentenced to suffer rigorous imprisonment
1 of 4
::: Uploaded on - 28/05/2021 ::: Downloaded on - 28/05/2021 22:39:55 :::
2 941-Cr-Appln-1125-2021.doc
for three months and to pay fine of Rs.500/-, in default, he shall
further suffer simple imprisonment for 15 days vide Section 235(1)
of the Cr.P.C. He has been further convicted for the offence
punishable under Section 366-A of the I.P.C. and sentenced to suffer
rigorous imprisonment for one year and to pay fine of Rs.1,000/- , in
default, he shall further suffer simple imprisonment for three months
vide Section 235(1) of the Cr.P.C. The applicant has also been further
convicted for the offence punishable punishable under Section 376
of the I.P.C. and sentenced to suffer rigorous imprisonment for ten
years and to pay fine of Rs.5,000/-, in default, to suffer simple
imprisonment for one year vide Section 235(1) of Cr.P.C. The
applicant has also been convicted for the offence punishable under
Section 4 of the Protection of Children from Sexual Offences Act and
sentenced to suffer rigorous imprisonment for ten years and to pay
fine of Rs.5,000/-, in default, he shall further suffer simple
imprisonment for one year vide Section 235(1) of Cr.P.C.
Substantive sentences of imprisonment are to run
concurrently.
2. Heard.
Perused the impugned judgment and evidence of
2 of 4
::: Uploaded on - 28/05/2021 ::: Downloaded on - 28/05/2021 22:39:55 :::
3 941-Cr-Appln-1125-2021.doc
material witnesses. The learned APP strongly opposed for grant of
the application.
3. The applicant was on bail pending the trial. The victim
claimed to have been 15 years of age when the offence took place.
The applicant was around 19 years of age by then. It appears to be a
case of emotional involvement. Their marriage ceremonies were
performed. In proof of age of the victim, her school record was
produced in evidence. It was proved on the strength of the evidence
of the Head Master. The father of the victim was examined. He,
however, did not give date of birth of his daughter (victim).
4. The appeal is of this year (2021). It will take a
considerable time for the turn of this appeal to come up for hearing.
It is, therefore, desirable to suspend the execution of the substantive
sentence of imprisonment. Hence, I pass the following order.
ORDER
(i) The application is allowed in terms of prayer clause
[A].
(ii) Pending the appeal, the substantive sentence imposed
by the learned trial Court is suspended and the
3 of 4
4 941-Cr-Appln-1125-2021.doc
applicant be released on bail on his executing P. R.
bond in the sum of Rs.15,000/- (Rupees Fifteen
Thousand) with surety bond in the like amount.
(iii) Bail before the trial Court.
[ R. G. AVACHAT, J. ]
SMS
4 of 4
