Vijay Shankar Poul vs The State Of Maharashtra And ...
2023 Latest Caselaw 8332 Bom

2023:BHC-AUG:17592

                                                   1                          55-CrAn-2026-23.odt




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   CRIMINAL APPLICATION NO.2026 OF 2023
                                            IN APEAL/430/2023

                                        VIJAY SHANKAR POUL
                                               VERSUS
                            THE STATE OF MAHARASHTRA AND ANOTHER
                                                   ...
                          Advocate for Applicant : Mr. Shikrashna B. Solanke
                          APP for Respondent No.1/State : Mr. S. B. Narwade
                       Advocate for Respondent No.2 : Ms. Nima R. Suryawanshi
                                             (appointed)
                                                   ...

                                                       CORAM :        S. G. MEHARE, J.

                                                       DATE       : 17-08-2023

                PER COURT :-

1. Heard the learned counsel for the applicant, the learned

A.P.P. for the respondent No.1/State and the learned counsel for

respondent No.2/victim.

2. The applicant seeks suspension of the sentence imposed

upon him by the learned Special Judge, Ambajogai, in his judgment

and order dated 19.04.2023 passed in Special (Child) Case No.50

of 2022, to suffer rigorous imprisonment for ten years for the

offence punishable under Section 376(2)(n) of the Indian Penal

Code, rigorous imprisonment for three years for the offence

punishable under Section 354B of the Indian Penal Code, rigorous

imprisonment for seven years for the offence punishable under

Section 363 of the Indian Penal Code, rigorous imprisonment for

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twenty years each for the offence punishable under Section 4(2)

and 6 of the Protection of Children from Sexual Offences (POCSO)

Act and rigorous imprisonment for three years for the offence

punishable under Section 8 of the POCSO Act.

3. The learned counsel for the applicant has argued that the

allegations levelled against the accused are vague. The victim

was not consistent as regards the spot and the nature of the

incident. She had changed the spot of incident in her statement

under Section 164 of the Code of Criminal Procedure. The medical

evidence is also not cogent and reliable. That may not be

considered as corroborative piece of evidence. He would submit

that there was no immediate disclosure of the incident to her

mother. The prosecution did not prove the case beyond

reasonable doubt. The applicant is twenty one, having no

antecedents to his discredit. The appeal may take its time to

conclude. There are no possibilities of hearing the appeal on merit

in near future. Hence, the sentence may be suspended.

4. The learned A.P.P. for the State and the learned counsel for

the victim submit that at the time of the incident the victim was

twelve years old. The applicant has committed heinous crime.

There is no material discrepancy as regards the incident for which

the applicant has been convicted. The applicant did repeated

forceful sex with a child of twelve. The imprisonment is severe.

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Considering the gravity of the offence and the vulnerability of a

child, the applicant has no good case for suspension of the

sentence.

5. The applicant was under-trial prisoner. The evidence prima

facie reveals that he has committed a heinous crime of repeated

penetrative sexual assault with a girl of twelve. The medical

evidence supports the prosecution or atleast that cannot be

discarded at this juncture. Where the offence is serious and the

term of imprisonment is also long, the suspension of sentence

shall be denied. However, the applicant may request the Court for

expediting the appeal. Considering facts and law, the Court is not

satisfied that this is a fit case to suspend the sentence.

6. For the above reasons, the application stands dismissed.

7. The applicant is at liberty to seek the circulation for early

hearing.

8. The Secretary, High Court Legal Services Sub-Committee,

Aurangabad, do pay the fee to the learned counsel appointed for

respondent No.2/victim as per the schedule.

( S. G. MEHARE ) JUDGE rrd