Bombay High Court
Kadar Aadam Badiwal vs The State Of Maharashtra And Anr on 17 January, 2022
Bench: Prakash Deu Naik
4-apeal-363-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1258 OF 2020
IN
CRIMINAL APPEAL NO. 363 OF 2021
Mr. Kadar Aadam Badiwal Applicant.
Versus
State of Maharashtra & Anr. ...Respondents
....
Shri Deepak Natu i/b. N. Deepak & Co., Advocate for the
Applicant/Appellant.
Mr. Arfan Sait, APP for the Respondent - State.
Ms. Devyani Kulkarni, Advocate for Respondent No.2
Digitally
signed by
SMITA
SMITA
RAJNIKANT
CORAM : PRAKASH D. NAIK, J.
JOSHI
RAJNIKANT
JOSHI Date: DATE : 17th JANUARY, 2022
2022.01.19
14:12:02
+0530
PER COURT:
1. This is an application for suspension of
sentence and grant of bail during pendency of Criminal
Appeal No.363 of 2021.
2. The Applicant is convicted for the ofences
punishable under Section 6 of Protection of Children from
Sexual Ofences, 2012 (POSCO) and sentenced to sufer
R.I. for 10 years and fne of Rs.1,000/- and also convicted
for ofences punishable under Section 377 of Indian Penal
S.R.JOSHI 1 of 4
4-apeal-363-2021.doc
Code and sentenced to sufer R.I. for 7 years and fne of
Rs.1,000/-.
3. The Appeal preferred by Applicant, challenging
the judgment of conviction, has been admitted by this
Court and pending for fnal disposal.
4. The case of the prosecution is that, the victim
is aged about 12 years and is studying in 6 th standard.
The complaint is lodged by father of victim. On 20 th
February, 2018, it was noticed that victim was crying. On
enquiry, with the victim, he disclosed that the accused has
sexually assaulted him. He has committed unnatural sex
with him. Complaint was lodged vide CR No.216 of 2018
for ofences punishable under Sections 377 and 506 of
Indian Penal Code read with Sections 4,6 and 8 of POSCO
Act.
5. Learned Advocate for the Applicant submitted
that Applicant is in custody from 21st February, 2018. He
has undergone imprisonment for about 3 years and 10
months. Applicant has been falsely implicated in this case.
The medical evidence does not support the case of
prosecution. Medical evidence indicates that at the most,
there was an attempt to commit penetrative sexual
S.R.JOSHI 2 of 4
4-apeal-363-2021.doc
assault. The defence of false implication has been urged
in the statement under Section 313 of Criminal Procedure
Code.
6. Learned APP submitted that ofence is of
serious in nature. The victim was subjected to unnatural
sex. Applicant is neighbour of the victim. The victim was
aged about 12 years. The medical evidence support the
prosecution case. At the most, hearing of this Appeal may
be expedited.
7. Learned Advocate appointed to represent
Respondent No.2, submitted that there is sufcient
evidence to establish the ofence. Victim was subjected to
sexual assaulted atleast on 4 occasions. There is no
reason to discard the version of the victim.
8. I have perused the evidence of witnesses. It is
noted that the victim has attributed role to the Applicant.
No case for suspension of sentence is made out. However,
Applicant is in custody from 21st February, 2018, hence,
the hearing of this Appeal can be expedited.
ORDER
i. Interim Application No. 1258 of 2021 is
rejected;
S.R.JOSHI 3 of 4
4-apeal-363-2021.doc
ii. Hearing of Appeal is expedited. As soon as
paper book is ready, the Applicant will be at liberty to
prefer application for fxing Appeal for fnal hearing.
iii. Interim Application stands disposed of.
(PRAKASH D. NAIK, J.)
S.R.JOSHI 4 of 4
