Sanjay Hardas Bhagchandani vs State Of Maharashtra And Anr
2023 Latest Caselaw 11021 Bom

2023:BHC-AS:32405

                                                                             19. IA 4059-22.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO.4059 OF 2022
                                                IN
                                  CRIMINAL APPEAL NO.1174 OF 2022

             Sanjay Hardas Bhagchandani                          ...     Applicant
                        Versus
             The State of Maharashtra
             And Another                                         ...     Respondents
                                            ***
             Mr. Milind D. Dhande a/w Ms. Divya R. Tiwari for the Applicant.
             Mr. A.R. Patil, APP for Respondent No.1-State.
             Mr. Ganesh S. Shelar for Respondent No.2.
                                            ***
                              CORAM : NITIN B. SURYAWANSHI, J.

DATE : 25 OCTOBER 2023 P.C.

. This is an application filed by the Applicant for suspension of

sentence of rigorous imprisonment of 20 years imposed by the

Additional Sessions Judge, Thane in Spl. (POCSO) Case No.562 of

2020, thereby convicting the Applicant under Section 5(I)(o) under

Section 6 of the Protection of Children from Sexual Offences Act,

2012, under Section 506 of the Indian Penal Code.

2 Learned Counsel appearing for the Applicant has assailed the

conviction on the ground that the prosecution has failed to prove the

case beyond reasonable doubt. There is a delay in lodging FIR and

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19. IA 4059-22.doc

medical examination of the victim is also conducted almost after six

months from the date of the alleged incident. According to him, the

Applicant has not committed any offence and is wrongly implicated.

Learned APP appearing for Respondent No.1-State and learned

Counsel for Respondent No.2 have opposed the application and

supported the impugend judgment and order of conviction.

3 Prima facie, there appears sufficient evidence on record to

sustain the conviction of the accused. Trial Court appears to have

rightly relied upon evidence of the victim and her mother, and the

evidence of another student, who had joined classes of the Applicant

as well as medical evidence. This Court at this stage cannot minutely

evaluate the evidence. Considering the fact that sentence of 20 years

imprisonment is imposed upon the Applicant, this is not a fit case to

suspend the conviction. The Interim Application is, therefore,

rejected.

4 The hearing of the Criminal Appeal is expedited.

                                                                (NITIN B. SURYAWANSHI, J.)




                        Chittewan                                                                    2/2
Signed by: Rajesh Chittewan
Designation: PA To Honourable Judge
Date: 27/10/2023 18:01:59