Bombay High Court
Kartik Kashinath Karagir vs State Of Maharashtra And Anr on 6 June, 2023
Bench: Prakash Deu Naik
2023:BHC-AS:14907
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1078 OF 2023
IN
CRIMINAL APPEAL NO. 879 OF 2022
Kartik Kashinath Karagir ... Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
....
Mr.Priyal G Sarda, Advocate for the Applicant.
Mr. Prashant Patil for Respondent No.2.
Ms. P. N. Dabholkar, APP for the Respondent - State.
....
CORAM : PRAKASH D. NAIK, J.
DATE : 6th JUNE 2023
PC :
1. This is an application for suspension of sentence and grant of
bail during the pendency of Criminal Appeal preferred by the
Appellant/Applicant.
2. The applicant is convicted vide judgment and order dated 11 th
July 2022 passed by learned Additional Sessions Judge, Pune in
Special Case Child Prot. No.74 of 2017 for offences punishable under
Sections 363, 376(2)(i) of Indian Penal Code and Section 4 of the
Protection of Children from Sexual Offences Act, 2012. Maximum
sentence imposed while convicting the appellant is 10 years
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imprisonment.
3. The victim has alleged that she was subjected to sexual assault
on 20th November 2016. She had accompanied the accused to the
place of incident where the alleged sexual act was committed by
accused.
4. The applicant was on bail during the trial. Pursuant to the
judgment of conviction, he is in custody since last 11 months.
5. Learned Advocate for the Applicant submitted that, the
relationship between victim and accused was apparently consensual.
Prosecution has not proved the age of victim. Birth certificate was
produced by the mother of victim. The Investigating Officer is silent
about the source of birth certificate. No witness from the school
where the victim was studying has been examined by prosecution.
The medical evidence shows that the victim was subjected to sexual
relationship prior to the alleged incident. The victim has improved
her version. Her evidence does not inspire confidence.
6. Learned APP and learned Advocate for Respondent No.2
submitted that, victim was minor girl at the time of incident. The
said fact is apparent from the birth certificate adduced in evidence by
the prosecution. Victim has categorically deposed that she was
subjected to sexual intercourse by the accused. There is reason to
disbelieve the victim.
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7. The victim has alleged that, the incident has taken place on
20th November 2016. According to her, she was not acquainted with
the accused prior to the said incident. Her evidence discloses that she
had accompanied the accused to the place of incident. The Medical
Officer has deposed that, the victim has history of physical
relationship. In the past the victim had physical relationship, which
is apparently prior to 20th November 2016. The prosecution has
produced the birth certificate through the evidence of mother of the
victim. The Investigating Officer however has not stated as to from
where he has collected the said certificate. Since, the Appeal is
pending it is not possible to give any finding on this issue but prima
facie considering the nature of evidence and fact that the applicant
was on bail during the trial, the sentence of imprisonment can be
suspended.
ORDER
(i) Interim Application No.1078 of 2023 is allowed.
(ii) The substantive sentence imposed vide judgment and order
dated 11th July 2022 passed by learned Additional Sessions Judge,
Pune in Special Case Child Prot. No.74 of 2017 is suspended and the
applicant is directed to be released on bail on executing PR bond in
the sum of Rs.20,000/- with one or more sureties in the like amount.
(iii) The applicant shall report concerned police station once in six
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months on first Saturday of the month between 11.00 am to 01.00
p.m. till further orders.
(iv) Interim Application stands disposed off.
(PRAKASH D. NAIK, J.)
