Bombay High Court
Lahu S/O. Deoram Pawar vs The State Of Maharashtra on 14 September, 2022
Bench: V. V. Kankanwadi, Rajesh S. Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
910 CRIMINAL APPLICATION NO.1163 OF 2020
IN APEAL/215/2022
LAHU DEORAM PAWAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. S.S. Londhe, Advocate for the applicant
Mr. R.V. Dasalkar, APP for respondent No.1
Mr. U.S. Patil, Advocate (appointed) for respondent No.2
...
CORAM : SMT. VIBHA KANKANWADI AND
RAJESH S. PATIL, JJ.
DATE : 14th SEPTEMBER, 2022
PER COURT :
1 Heard learned Advocate appearing for the applicant as well as
learned APP.
2 Present application has been filed for suspension of substantive
sentence imposed by the learned Additional Sessions Judge/Special Judge
under POCSO Act, Ahmednagar in Special Case No.245/2017. By Judgment
and order dated 25.01.2019 the appellant has been sentenced thus -
2 Cri.Appln_1163_2020
"1) The accused Lahu Deoram Pawar is hereby convicted vide
Section 235(2) of Cr.P.C. for the offence under Section 5 punishable
under Section 6 of the Protection of Children from Sexual Offences
Act, 2012, and is sentenced to suffer imprisonment for life and to pay
fine of Rs.50,000/- (Rupees Fifty Thousand only). In default of
payment of fine accused to suffer further rigorous imprisonment for
five months.
2) The accused is hereby convicted vide Section 235(2) of Cr.P.C.
for the offence punishable under Section 363 of I.P.C. and is
sentenced to suffer rigorous imprisonment for three years and to pay
fine of Rs.10,000/- (Rupees Ten Thousand only). In default of
payment of fine to suffer further simple imprisonment for two
months.
3) The accused is hereby convicted vide Section 235(2) of Cr.P.C.
for the offence under Section 376(2)(f), 376-E of I.P.C., however, no
separate sentence has been passed as accused has been sentenced for
the similar offence under Section 5 punishable under Section 6 of the
Protection of Children from Sexual Offences Act, 2012."
3 The copies of depositions as well as the necessary documents i.e.
Medical Certificate, C.A. Report, Spot Panchnama, First Information Report
etc. have been produced. Perusal of the said evidence it appears that there is
prima facie evidence which was considered by the learned Special Judge.
Another aspect, that is, to be considered is that the appellant was previously
3 Cri.Appln_1163_2020
convicted for the similar offence and in spite of undergoing the sentence
there is no change in his behaviour. In fact, additional charge was also
framed against him for the said previous offence and, therefore, the
conviction has been awarded in this case under Section 5(i)(m)(t) punishable
under Section 6 of the Protection of Children from Sexual Offences Act also.
When such heinous crime is stated to be committed as well as the fact is that
he was not released on bail throughout the trial, no case is made out for
suspension of sentence. Application stands rejected.
( Rajesh S. Patil, J. ) ( Smt. Vibha Kankanwadi, J. )
agd
