Vitthal S/O Pralhad Pawar vs State Of Mah. Thr. Pso Pinjar Tq. ...
2022 Latest Caselaw 8180 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR

                      CRIMINAL APPLICATION NO.434 OF 2022
                                      IN
                        CRIMINAL APPEAL NO.360 OF 2022
                                 Vitthal s/o Pralhad Pawar
                                             VS.
                 The State of Maharashtra, through PSO, Pinjar and another
Office     Notes,    Office                        Court's or Judge's orders
Memoranda of Coram,
Appearances, court's orders
or      directions     and
Registrar's orders
                      Mr. Ajay Londhe, Advocate for the applicant/appellant.
                      Mr. A.S. Fulzele, APP for respondent No.1/State.

CORAM : MANISH PITALE AND G.A. SANAP, J.J.

DATE : 22.08.2022

1. By this application, the applicant is seeking suspension of sentence and grant of bail. He has been convicted under various provisions of the Indian Penal Code and the Protection of Children from Sexual Offences Act, including Section 376 (2)(f) and 376 (2)(n) of the Indian Penal Code. He has been sentenced to imprisonment for various durations including imprisonment for life.

2. The appeal was admitted on 13.06.2022 and this Court issued notice in the present application.

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3. The copies of depositions of the material witnesses have been filed alongwith pursis. Learned counsel appearing for the applicant has relied upon the evidence of the prosecutrix and also her mother, highlighting the fact that both turned hostile and did not support the version of the prosecution. It was submitted that despite the aforesaid position, the Sessions Court erroneously proceeded to convict and sentence the applicant, indicating that the applicant has strong prima- facie case in the appeal filed before this Court.

4. Learned APP for the respondent No.1/State opposed the prayer made in the application, indicating that although the aforesaid witnesses have indeed turned hostile, the prosecutrix had narrated the incident to number of witnesses who have been examined on behalf of the prosecutrix. It was submitted that the applicant has been convicted for heinous crime of having committed the said sexual assault and offences against his own teenage daughter, therefore, this Court, may not allow the present application.

5. We have perused the copies of depositions placed on record, as also the impugned judgment and order passed by Sessions Court. Although, it is evident that the applicant was charged with and is convicted of heinous crime against his own daughter, we find that the prosecutrix as well as her mother, both turned hostile and 3/3 4 appa 434.22.odt..odt

did not support the version of prosecutrix. In this situation, the Sessions Court appears to have prima-facie shifted the burden on the applicant to prove his innocence. The entire evidence has been appreciated in that light by the Sessions Court, indicating that the applicant indeed has made out a prima-facie case in his favour.

6. In view of above, the application is allowed. The sentence is suspended and applicant is directed to be released on bail on furnishing P.R. bond of Rs.25,000/- (Rs. Twenty Five Thousand) and surety in the like amount to the satisfaction of the trial Court.

                                     JUDGE                                      JUDGE
            Manisha




Signed By:MANISHA ALOK
SHEWALE


Signing Date:22.08.2022 17:17