Bombay High Court
Topanna Mayappa Hubnur vs State Of Maharashtra And Anr on 9 June, 2023
Bench: Prakash Deu Naik
2023:BHC-AS:15380
DAE 34-IA-4010-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4010 OF 2022
IN
CRIMINAL APPEAL NO. 1163 OF 2022
Topanna Mayappa Hubnur ...Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
....
Mr. Kuldeep Patil Advocate for Applicant.
Mr. Y. M. Nakhwa, APP for the Respondent - State.
....
CORAM : PRAKASH D. NAIK, J.
DATE : 9th JUNE, 2023.
P.C.:-
1. This is an application for suspension of sentence and grant of bail
during the pendency of criminal appeal challenging the conviction.
2. The applicant has been convicted vide judgment and order dated 30 th
September 2022 passed by learned Additional Sessions Judge (Special
Court) Sangli in Special (Atrocity) Case No.201 of 2020 for an offence
punishable under Section 376 of Indian Penal Code and sentenced to suffer
rigorous imprisonment for 10 years.
3. The case of the prosecution is that, the applicant had visited the hut
of the victim beyond midnight and committed sexual intercourse with her.
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The victim is aged around 64 years. FIR was lodged on the next day of
incident.
4. Learned Advocate for the applicant submitted that the applicant is in
custody since last three years. The evidence of the victim does not inspire
confidence. The circumstances on record does not indicate that the victim
was subjected to forceful sexual intercourse. The victim has admitted in her
cross-examination that she did not shout at the time of alleged incident.
The spot panchnama indicate that incident had occurred outside the hut.
The victim was indulging in bootlegging activities. One case was registered
against her under Prohibition Act. The victim had lodged similar cases of
sexual assault against the other persons in the past. Medical evidence does
not support the prosecution case.
5. Learned APP submitted that the evidence of the victim attributes
specific overtact of sexual assault to the applicant. There is no reason to
disbelieve victim's version. The FIR was lodged immediately after the
incident.
6. The alleged incident had occurred at about 01:00 clock in the night.
The victim lady was residing alone in her hut. From her evidence it appears
that she was acquainted with the applicant. According to her, she was
subjected to sexual intercourse. The evidence does not depict any protest by
the victim. Medical evidence does not corroborate the version of the victim.
The applicant is in jail since last three years. Appeal may not be come up
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for hearing immediately. Considering the aforesaid circumstance, case for
suspension of sentence and grant of bail is made out.
ORDER
(i) Interim Application No.4010 of 2022 is allowed;
(ii) The substantive sentence of imprisonment imposed vide judgment
and order dated 30th September 2022 passed by learned Additional Sessions
Judge (Special Court) Sangli in Special (Atrocity) Case No.201 of 2020 is
suspended and the applicant is directed to be released on bail in executing
PR bond in the sum of Rs.25,000/- with one or more sureties in the like
amount.
(iii) The applicant is permitted to furnish cash bail security in the sum of
Rs.25,000/- for a period of 8 weeks in lieu of surety.
(iv) The applicant shall report concerned police station once in six months
on first Saturday of the month between 11.00 am to 01.00 pm till final
disposal of the Appeal.
(v) Interim Application stands disposed off.
(PRAKASH D. NAIK, J.)
