Prajyot Pradip Naik vs The State Of Maharashtra And Anr
2021 Latest Caselaw 14796 Bom

                           Megha                               10_IA_1957_2021.doc

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION
        Digitally signed
                                        INTERIM APPLICATION NO.1957 OF 2021
MEGHA
                                                        IN
        by MEGHA S
        PARAB
S       Date:
        2021.10.12
PARAB
                                           CRIMINAL APPEAL NO.640 OF 2021
        14:11:57
        +0530




                           Prajyot Pradip Naik                              ...Applicant
                                          Versus
                           The State of Maharashtra and Anr.              ...Respondents
                                                             ....
                           Mr. Amit Patel i/b. Ms Trupti Khamkar for the Applicant.
                           Mr. P.H. Gaikwad, APP for the Respondent-State.
                           Ms Savita Yadav for Respondent No.2.


                                                       CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 8th OCTOBER, 2021.

P.C.:-

This is an application under Section 389 of the Code of

Criminal Procedure, 1973 for suspension of substantive sentence

imposed vide judgment dated 05/03/2020 passed by the learned

Special Judge (POCSO) and Additional Sessions Judge, Sindhudurg, in

Special Case (POCSO) No.5 of 2019 and to enlarge the Applicant on bail.

2. By the impugned judgment the learned Judge has held the

Applicant guilty of ofence under Sections 312, 376(1), 376(2)(n), 417

and 506 of the IPC and Sections 3, 4 and 6 r/w section 5(j)(ii) (l) of the

POCSO Act and sentenced him to undergo rigorous imprisonment of 10

years and to pay fne of Rs.10,000/- i/d. to undergo simple

imprisonment for two months.

Megha 10_IA_1957_2021.doc

3. Heard learned counsel for the Applicant, learned APP for the

Respondent -State and learned counsel for Respondent No.2. Perused

the records and considered the submissions advanced by learned

counsel for the respective parties.

4. Charge against the Applicant was that he had committed

penetrative sexual assault on the prosecutrix, who was below 18 years

of age. Learned Judge has held that the prosecutrix was born on

11/11/2000 and that as of the date of the incident she was 16 years and

8 months of age.

5. Learned counsel for the Applicant states that the

prosecution has not produced the birth certifcate or any other

evidence to prove the age of the prosecutrix.

6. A perusal of the impugned judgment reveals that the Trial

Court has relied upon copy of the birth certifcate, matriculation

certifcate and Aadhar card, which was undisputedly not tendered in

evidence and or exhibited. The evidence of the prosecutrix reveals that

she was having friendly relations with the Applicant. She was having

physical relationship with him since the year 2016. Her evidence

indicates that the Applicant proposed to marry her and that her family

members had declined his proposal. The Applicant got married on

Megha 10_IA_1957_2021.doc

14/03/2018. Even after the prosecutrix attained the age of majority and

despite knowing that Applicant was married, she continued to keep

physical relations with the Applicant.

7. Considering the nature of accusations and the nature of

evidence in support thereof, in my considered view this is a ft case for

suspending the sentence during the pendency of appeal. Hence, the

application is allowed on following terms and conditions:-

(i) The substantive sentence imposed vide judgment

dated 05/03/2020 in Special Case (POCSO) No.5 of

2019 is suspended pending disposal of the appeal;

(ii) The Applicant is ordered to be released on bail on

furnishing PR bonds in the sum of Rs.15,000/- with

one or two sureties in the like amount;

(iii) The Applicant shall report to the Trial Court, once in

three months on the day/date specifed by the Trial

Court, till the appeal is fnally disposed of.

(iv) The Applicant shall keep the Trial Court informed of

his current address and mobile contact number

and/or change of residence or mobile details, if any,

from time to time.

(v) If there are two consecutive defaults in appearing

Megha 10_IA_1957_2021.doc

before the Trial Court, the learned Judge shall make a

report to the High Court and the prosecution would

be at liberty to fle an application seeking cancellation

of bail.

8. The application stands disposed.

(SMT. ANUJA PRABHUDESSAI, J.)