Bombay High Court
Ram Rajkumar Parabate vs State Of Mah. Thr. Ps Saoner ... on 10 June, 2022
Bench: Avinash G. Gharote
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APPA) NO.232/2022
IN
CRIMINAL APPEAL NO.187/2022
Ram Rajkumar Parabate
...Versus...
The State of Maharashtra, Through Police Station Officer, Saoner Police Station,
District - Nagpur and another
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri A.J. Dhoble, Advocate for applicant/appellant
Shri Amit Chutke, APP for respondent no.1
Mrs. P.D. Rane, Advocate (appointed) for respondent no.2
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CORAM : AVINASH G. GHAROTE, J.
DATE : 10/06/2022
1. This application seeks suspension of sentence and
grant of bail.
2. Heard Shri Dhoble, learned Counsel for the
applicant/appellant, Shri Chutke, learned Additional Public
Prosecutor for the respondent no.1 and Mrs. Rane, learned
Counsel (appointed) for the respondent no.2.
3. The applicant/appellant has been convicted for
the offence punishable under Section 363 of IPC, under
Section 6 as well as Section 4 of the Protection of Children
from Sexual Offences Act and under Section 376 (2) (n) of
IPC and sentenced to suffer rigorous imprisonment for three
years and ten years respectively.
1006 APPA 232 of 2022.odt
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4. Shri Dhoble, learned Counsel for the applicant
submits that throughout the trial the applicant/appellant was
on bail. After the conviction, the appellant has been taken into
custody. Learned Counsel for the applicant submits, by inviting
my attention to the medical report at Exh.33, that the same
merely states that the hymen was ruptured, however, the age
of the injury has not been stated, which according to him, was
a material factor to indicate that the offence is committed by
the applicant/appellant. He further submits that the P/S and
P/V examinations were not done as the patient was not
willing. Further inviting my attention to the evidence of PW 5-
Dr. Dipali Suresh Behar, it is submitted that though she had
opined that the possibility of sexual assault on the victim could
not be ruled out, however, the final opinion was reserved till
the report of the forensic laboratory, which was never received
and therefore, there is no conclusivity to the finding of the
Doctor, who in the cross-examination, itself has admitted that
her report and opinion was not conclusive and the rupture of
the hymen could by any means including sexual intercourse. It
is therefore submitted that considering the nature of the
medical evidence, the conviction cannot be sustained and
therefore, the applicant/appellant has a good case on merit
and is entitled to release on bail.
5. Though learned Additional Public Prosecutor for
the respondent no.1 with the assistance of Mrs. Rane, learned
Counsel (appointed) for the respondent no.2 opposes the
1006 APPA 232 of 2022.odt
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application, however, considering that the opinion of PW -5
Dr. Dipali Behar, as to the nature of the assault being
inconclusive and is not supported by the forensic report, in
absence of it being brought on record and the medical report
at Exh.33 not indicating any other injury, nor does it make any
mention of any tear or its location nor the age of the rupture
of the hymen, there appears to be a probable defence
available. Considering that the applicant/appellant was
already on bail before the learned Trial Court, which is not
disputed by learned Additional Public Prosecutor, in my
considered opinion, a case for suspension of sentence and
grant of bail is made out. Hence the following order.
ORDER
(i) The criminal application is allowed. The
sentence imposed by the learned Sessions Court by judgment
dated 11/03/2022 is hereby suspended and the applicant be
released on bail on his furnishing P.R. Bond in sum of
Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties
in like amount.
(ii) Bail before the lower Court.
Digitally signed bySHAILENDRA
(AVINASH G. GHAROTE, J.)
SUKHADEORAO WADKAR
Signing Date:10.06.2022 16:33 Wadkar
