Lakhan @ Vijay Ramesh Gaikwad vs The State Of Maharashtra And ...
2023 Latest Caselaw 4404 Bom

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     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

           953 CRIMINAL APPLICATION NO.3976 OF 2022
                      IN APEAL/904/2022

             LAKHAN @ VIJAY RAMESH GAIKWAD
                           VERSUS
       THE STATE OF MAHARASHTRA AND ANOTHER
                               ...
      Advocate for Applicant : Mr.Patil (Borse) Paresh B.
              APP for Respondent No.1-State : Mr.
 Advocate for Respondent No. 2 Informant : Mr.Tambe Rahul A.
                               ...

                                CORAM : R. G. AVACHAT, J.
                                DATE : 28.04.2023.
PER COURT :

1.              Heard.


2.              The applicant has been convicted for the offences

punishable under Sections 363, 366-A of the Indian Penal Code and

Sections 4, 6, 8 and 12 of the Protection of Children From Sexual

Offences Act (for short "POCSO Act") and sentenced to suffer

maximum term of imprisonment of 20 years under Section 6 of the

POCSO Act. Pending the trial, the applicant was on bail. Reading of

the evidence indicates that both, applicant and victim were

emotionally involved. Both of them eloped and stayed together for not

less than four months. It is only after intervention of police and

parents, both of them came to be separated. Parents of the victim

had earlier proposed her marriage with one Samadhan Pardeshi. The




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victim was opposed to the said proposal. After having found the

victim, she refused to submit to the medical screening. At the

relevant time, the applicant was 23 years of age and the victim was

17 years of age. Since the victim herself had eloped with the

applicant, it is doubtful as to how the conviction for the offence of

kidnapping/abduction can sustain. So far as conviction for rape or

penetrative sexual intercourse is concerned, the victim did not

submit for medical examination. In view of the same, following order :

                                 ORDER

(a)     The application is allowed.
(b)     Pending the appeal, the execution of the substantive sentence

of imprisonment imposed upon the applicant by the learned Additional Sessions Judge (Fast Track Special Court), Jalgaon, District Jalgaon, in Special (POCSO) Case No. 42 of 2018, by the judgment and order dated 09.11.2022 to stand suspended and the applicant be released on bail on his executing P.R. bond of in the sum of Rs. 15,000/- (Rs. Fifteen Thousand Only) with one surety in the like amount on following condition :-

(i) The applicant shall not tried to contact the victim, who is reported to be married.

(c) The fees of the learned Advocate to represent respondent No. 2 be quantified for Rs. 8,000/- (Rs. Thousand).

( R. G. AVACHAT ) JUDGE mahajansb/