Josef Anthony Devnesan vs State Of Maharashtra And Anr
2023 Latest Caselaw 6479 Bom

2023:BHC-AS:18826

                 D.A.Ethape                                                   27-IA-642-2023.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                    INTERIM APPLICATION NO. 642 OF 2023
                                                    IN
                                      CRIMINAL APPEAL NO. 173 OF 2023

            Josef Anthony Devnesan                             ...Applicant
                  Versus
            State Of Maharashtra And Anr.                      ...Respondents

                                                     ....
            Mr.Akshay Kolse Patil a/w. Mr.Prabhakar M. Jadhav Advocate for
            Applicant.
            Ms. Malika Sharma Advocate for Respondent No.2.
            Ms. P. N. Dabholkar, APP for the Respondent - State.

                                                     ....

                                                    CORAM : PRAKASH D. NAIK, J.
                                                      DATE :   7th JULY, 2023.

            P.C.:-

            1.        This is an application for suspension of sentence and grant of bail

            during the pendency of criminal appeal challenging the judgment of

            conviction.

            2.        The applicant has been convicted vide judgment and order dated 06 th

            January 2023 passed by Special Judge under POCSO Act and Additional

            Sessions Judge, Pune in Special (POCSO) Case No. 425 of 2019 for offences

            punishable under Sections 7 and 8 of the Protection of Children from

            Sexual Offences Act, 2012 (for short 'POCSO Act') and Section 506 and 354

            of Indian Penal Code and sentencing to suffer rigorous imprisonment for


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       D.A.Ethape                                                         27-IA-642-2023.doc

three years.

3.       The victim was aged around 16 years at the time of incident. The

prosecution case is that, there was fair in the village and the victim had

gone to purchase some articles. The applicant had allegedly touched her on

back side.

4.       Vide order dated 17th February 2023 by way of interim relief, the

sentence of imprisonment was suspended by the this Court till next date of

hearing.

5.       Learned       Advocate        for   the   Applicant    submitted        that     serious

discrepancies about the identity of the accused. The sentence is of thee

years. During the trial, he was on bail. On the date of conviction, sentence

was suspended by the trial Court.

6.       Learned APP and learned Advocate for Respondent No.2 submitted

that there is sufficient evidence against the applicant.                    The victim aged

around 16 years at the time of incident.

7. The applicant has urged several grounds challenging judgment of

conviction. He was on bail during the trial. Sentence has been suspended

on the date of conviction and subsequently, this Court has extended the

suspension of sentence. The sentence imposed by the trial Court is of short

term. The appeal would not be taken up for hearing immediately.

                                   ORDER

(i) Interim Application No. 642 of 2023 is allowed;

        D.A.Ethape                                              27-IA-642-2023.doc

(ii)      The substantive sentence of imprisonment imposed vide Judgment

and Order dated 06th January 2023 passed by Special Judge under POCSO

Act and Additional Sessions Judge, Pune in Special (POCSO) Case No. 425

of 2019 is suspended and the applicant is directed to be released on same

bail granted by the trial Court with fresh bond.

(iii) The applicant shall not approach the complainant/victim in any

manner.

(iv) Interim Application stands disposed off.

(PRAKASH D. NAIK, J.)