Bombay High Court
Devidas Waghoba Rathod vs The State Of Maharashtra on 6 May, 2024
Author: R.G. Avachat
Bench: R.G. Avachat
2024:BHC-AUG:9618-DB
Cri. Appln. No.1406/2024
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1406 OF 2024 IN
CRIMINAL APPEAL NO.300 OF 2024
Devidas Waghoba Rathod ... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT
.......
Mr. N.J. Patil, Advocate for applicant
Mr. B.B. Bhise, A.P.P. for respondent
Mr. Tushar Shinde, Advocate for respondent No.2 (appointed)
.......
CORAM : R.G. AVACHAT AND
NEERAJ P. DHOTE, JJ.
DATE : 6th MAY, 2024
ORDER:
This is an application for suspension of sentence
awarded by learned Sessions Judge, Latur in Sessions Case
No.75/2019 vide judgment and order dated 4/3/2023,
convicting the applicant/ appellant for the offences punishable
under Section 376(1)(2)(n) of the Indian Penal Code and
sentencing to suffer imprisonment for life, which shall mean
imprisonment for the remainder of his life and to pay fine of
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Rs.50,000/-, in default to suffer R.I. for 6 months. The
applicant is also convicted for the offence punishable under
Section 506 of the Indian Penal Code and sentenced to suffer
R.I. for 2 years and to pay fine of Rs.25,000/-, in default to
suffer S.I. for 6 months. The substantive sentences have been
directed to run concurrently.
2. In nutshell, the case of prosecution is that, the
informant is the daughter-in-law of the applicant. It is her case
that, after her marriage, her mother-in-law insisted that she
should give bath to the applicant. During bath, the applicant
outraged her modesty. It is her further case that, the applicant
raped her from time to time for a period of 4 years. She lodged
the report against the applicant, her husband and her mother-
in-law. The learned Trial Court acquitted the mother-in-law.
The husband died during the pendency of the trial.
3. It is submitted by learned counsel for the applicant
that, the case is false. He submits that, the last incident of
rape as alleged by the daughter-in-law was two years prior to
the lodging of the report. He submits that, the applicant was
on bail during trial. He submits that, the applicant is 71 years
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of age. He submits that, the application be allowed.
4. The application is opposed by the learned A.P.P. for
the State and learned counsel for the informant. They submit
that, the informant has described the various instances in
detail in the F.I.R. They submit that, the informant's testimony
is impeccable and remained unshaken in the cross-
examination. They submit that, the application be rejected.
5. There is no dispute that, the informant refused her
medical examination. The last incident of rape is two years
back from the date of the F.I.R. The applicant is 71 years of
age and there is no likelihood that the appeal would be heard
finally in near future. The applicant was on bail during trial.
Hence we proceed to pass the following order :
ORDER
(i) The Criminal Application is allowed.
(ii) Pending the appeal, the substantive sentences of
imprisonment imposed against the applicant/ appellant by
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learned Sessions Judge, Latur in Sessions Case No.75/2019
vide judgment and order dated 4/3/2023 to stand suspended
and the applicant/ appellant be released on bail on his
executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen
thousand) with one surety in the like amount.
(iii) We quantify fees of Advocate for the informant appointed
by this Court at Rs.8000/- (Rupees eight thousand) for the
purpose of this application.
(iv) Parties to act upon authenticated copy of this order.
(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.)
fmp/-
