Vilas Pundalik Chaudhari vs State Of Maharashtra And Anr
2023 Latest Caselaw 3759 Bom

2023:BHC-AS:11699

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO.3928 OF 2022
                                                      IN
                                 CRIMINAL APPEAL NO.1283 OF 2022
               Vilas Pundalik Chaudhari                    ..     Applicant
                                      Versus
               The State of Maharashtra & Anr.             ..     Respondents


                                           ...
               Mr.Chetan Deshmukh for the Applicant.
               Mr.S.R.Agarkar, A.P.P. for the State.
               Mr.Gaurav Parkar, Appointed Advocate, for the Respondent
               No.2.
                                                    ...
                                         CORAM: BHARATI DANGRE, J.
                                         DATED : 17th APRIL, 2023

               P.C:-


               1.      By the present application, the Applicant, who has fled
               an Appeal against the Judgment and Order dated 24/08/2022,
               passed by the Special Judge, Nashik in Special Case (POCSO)
               No.131 of 2020, seek his release on bail, pending the
               adjudication of the Appeal.



               2.      Heard the learned counsel for the Applicant, learned
               counsel for Respondent No.2 and the learned A.P.P., who
               represent the State.

                       By the impugned judgment, the present Applicant, who is
               arraigned as Accused No.2, is convicted for committing an


               M.M.Salgaonkar




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offence punishable under Section 363 read with Section 34 of
IPC and also under Section 366-A of IPC. It is Accused No.1,
who is convicted for committing the offence punishable under
Section 376(3) of IPC and under Section 4 of the POCSO Act, as
the victim girl was a child, when the act was committed.

        On being convicted under Sections 363 and 366-A of IPC,
the Applicant is sentenced to suffer RI for fve years and to pay
fne of Rs.2,000/-, in default to suffer S.I. for a period of one
month, both the sentences having been directed to run
concurrently.



3.      On perusal of the impugned judgment and the statement
of the victim girl as well as of her father, the case of the
prosecution appear to be, that the Applicant is a cousin of the
victim, who on the date of incident, while some function was
being celebrated in the village, asked her to accompany. The
Applicant was accompanied with Accused No.1 and she was
taken to a place, where they resided throughout the night and
the prosecutrix alleged that it is Accused No.1-Harishchandra,
who       committed          forcible     intercourse     with      her.          She
accompanied him to a wine-yard, where she worked till she
was rescued i.e. till 04/07/2020. According to the prosecutrix,
Accused No.1-Harishchandra assured her that he would
solemnise marriage with her and also threatened her that she
shall not disclose the incident to any one.

        In the cross-examination, she specifcally admit that she
had not disclosed the incident to any one, as she was scared.
The present Applicant was kept in dark and his wife, who had


M.M.Salgaonkar




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joined them at a subsequent point, was also not told about the
said incident.



4.      The learned counsel would submit that the ingredients of
Section 366-A, which provides punishment for procurement of
a minor girl, necessarily contemplate an intention that such a
girl is likely to be forced or seduced to illicit intercourse with
another person.



5.      By inviting my attention to the admission in the cross-
examination of the victim girl (PW 1) to the effect that she had
not disclosed the incident to anyone and the history of the
incident is narrated to PW 7, to whom it was disclosed that
Accused is acquainted to her since last fve months and there
were physical relations between them, he would submit that,
prima facie, charge under Section 366-A could not have been
said to be proved, which would deserve conviction and
imposition of sentence.

        In any case, evidence will be appreciated at the time of
hearing of the Appeal.           However, considering a limited role
attributed to the present Applicant, I deem it appropriate to
allow the application. Hence, the following order.

                                 : ORDER :

1. Interim Application No.3928 of 2022 is allowed.

2. The sentence imposed on the Applicant vide Judgment and Order dated 24/08/2022 in Special Case (POCSO) No.131 of 2020 is suspended.

M.M.Salgaonkar





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3. Applicant- Vilas Pundalik Chaudhari shall be released on bail, on furnishing P.R.Bond to the extent of Rs.25,000/-, with one or more sureties in the like amount.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar