Rajashri Suresh Adkine vs The State Of Maharashtra
2024 Latest Caselaw 23665 Bom

Bombay High Court

Rajashri Suresh Adkine vs The State Of Maharashtra on 12 August, 2024

Author: R.G. Avachat

Bench: R.G. Avachat

2024:BHC-AUG:17722-DB
                                                                          8-APPLN-2769-24.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          CRIMINAL APPLICATION NO. 2769 OF 2024
                                           IN
                             CRIMINAL APPEAL NO. 649 OF 2024

          Rajashri Suresh Adkine                                  ..APPLICANT
                VERSUS
          State of Maharashtra                                    ..RESPONDENT

                                                ....

Mr. S.G. Bobade, Advocate for applicant Mr. G.A. Kulkarni, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 12th AUGUST, 2024

PER COURT :

1. This is an application for suspension of substantive sentence of

imprisonment imposed by Additional Sessions Judge, Nanded in Sessions

Case No. 116 of 2020 vide judgment and order dated 25 th January, 2023

thereby convicting the applicant woman for the offence punishable under

Section 302 of the Indian Penal Code.

2. In short, case of the prosecution is that the applicant threw her

two years old child before a moving truck, which resulted in his death. The

applicant's husband lodged the report and the offence of Murder was

registered against the applicant. It is the case of prosecution that the

husband was suspecting character of the applicant and denying the paternity

8-APPLN-2769-24.odt

of child which was born to the applicant. Due to annoyance, the applicant

committed the said act of pushing her son in front of a moving truck.

3. It is submitted by learned counsel for the applicant that the child

was dropped from the applicant's hand and succumbed to the injuries. He

submits that the applicant's husband, who lodged the report, has not

supported the case of prosecution. He submits that the truck driver has not

been examined to prove that the applicant's son was run over by the truck.

He ultimately submits that as there is no evidence against the applicant, the

criminal application be allowed.

4. Though the application is opposed by learned A.P.P., she submits

that the truck driver was not examined by the prosecution and the applicant's

husband turned hostile. She urged that the application be rejected.

5. Admittedly, there is no eye witness to the incident. The

applicant's husband, who had set the criminal law in motion, did not support

the case of prosecution. Driver of the truck is not examined, and therefore,

there is no evidence to prove that the applicant had thrown her son before a

moving truck and he died thereby. The applicant is a woman, behind bars

since May 2020, i.e. for more than four years. Also there is no possibility that

the appeal would be heard in near future.

8-APPLN-2769-24.odt

6. In view of above, the execution of substantive sentence of

imprisonment to stand suspended pending the appeal. The applicant be

released on her executing P.R. bond in the sum of Rs.15,000/- (Rupees

Fifteen Thousand) with one surety in the like amount.

7. Criminal application stands disposed of accordingly.

      ( NEERAJ P. DHOTE, J. )                     ( R.G. AVACHAT, J. )
SSD