Bombay High Court
Kisan Suryabhan Ingale vs The State Of Maharashtra And Anr on 8 February, 2022
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.504 OF 2021
IN
CRIMINAL APPEAL NO.737 OF 2021
Kisan Suryabhan Ingale Applicant
versus
The State of Maharashtra Respondent
Ms.Grishma N. Lad, Advocate for applicant.
Ms.Megha Bajoria, Advocate for respondent no.2.
Mr.Arfan Sait, APP, for State.
API Mr.Yamgar, Vashi Police Station, Navi Mumbai, present.
CORAM : PRAKASH D. NAIK, J.
DATE : 8th February 2022
PC :
1. This is an application for suspension of sentence and grant of
bail pending Criminal Appeal No.737 of 2021. The applicant is
convicted for the offence under Section 377 of Indian Penal Code
and sentenced to suffer imprisonment for one year. He is also
convicted for the offence under Sections 4 and 8 of Protection of
Children Sexual Offences Act, 2021 and sentenced to suffer
imprisonment for seven years and three years on each count.
2. The case of prosecution is that the victim boy was sexually
assaulted by the applicant-appellant on 18 th January 2017 by
subjecting him to unnatural sex. The FIR was registered on 18 th
January 2017. The victim and his relations went in search of the
MANISH Digitally signed by
MANISH SURESH
accused and the victim had allegedly pointed out the accused on the
SURESH THATTE
Date: 2022.02.10
street. He was arrested. Investigation proceeded. Statements of
THATTE 10:23:24 +0530
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witnesses were recorded and on completing investigation charge
sheet is filed.
3. Learned advocate for the applicant submitted that the
applicant is aged about 76 years. He is in custody from 19 th January
2017. The case of the prosecution suffers from serious discrepancies.
This is case of mistaken identity. The accused was identified on the
basis of colour of T-shirt. The medical evidence does not support
prosecution case. There were no injuries on the person of victim.
4. Learned APP submitted that the applicant has been convicted
for the offence under Section 377 of IPC and under the provisions of
POCSO Act. The discrepancies in the evidence will have to be looked
at the time of final hearing. In all fairness learned APP tendered
report of Police Inspector of Shegaon Police Station, District
Buldhana. From the said report it appears that the officer has taken
efforts to find out whereabouts of relations of the applicant. This
enquiry is made considering the fact that the applicant was found
residing on the street. The report dated 26 th January 2022 is taken
on record. The said report furnishes the information of the wife,
children and sister of applicant who are residents of District
Buldhana. The sister of applicant has stated that the applicant has
been arrested by Vashi Police Station and since then he is in jail. The
report is taken on record.
5. Learned advocate for Respondent no.2 submitted that the
victim boy is aged about seven years. Specific role has been
attributed to applicant. The accused was pointed out by the victim
himself. There is sufficient evidence against applicant.
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6. The applicant is aged about 76 years. He is in custody from
19th January 2017. The case of prosecution is that the victim was
subjected to unnatural sexual assault by the accused. The victim has
admitted that the victim was identified on the basis of colour of T-
shirt. Prima facie, the identification is doubtful. The medical officer
has stated that there were no injuries on the person of victim. It also
appears from the evidence that the applicant-appellant was
represented by State appointed advocate. On most of the occasion
the concerned advocate was absent. Some of the witnesses were not
cross-examined. Prima facie it appears that there are discrepancies
in the evidence recorded during trial. Considering these
circumstances, the sentence of imprisonment can be suspended.
ORDER
(i) Interim Application No.504 of 2021 is allowed and disposed
of;
(ii) During pendency of Criminal Appeal No.737 of 2021, sentence
of imprisonment imposed vide judgment and order dated 9 th
September 2019 by Special Judge (POCSO), Thane in Special Case
No.72 of 2017, is suspended, and the applicant is directed to be
released on bail on executing personal bond in the sum of
Rs.10,000/- with one or more sureties in the like amount;
(iii) The applicant is permitted to furnish cash bail in the sum of
Rs.10,000/- for a period of ten weeks in lieu of sureties;
(iv) The applicant shall report Shegaon Police Station, District
Buldhana, once in three months on every first Saturday of the month
between 11 am and 1 pm till conclusion of Criminal Appeal No.737
of 2021;
(v) The Trial Court shall furnish report to this Court within four
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weeks indicating whether applicant has furnished bail bond;
(vi) Copy of this order be forwarded to Shegaon City Police Station
with a view to communicate the same to the relatives of the
applicant.
(PRAKASH D. NAIK, J.)
MST
