Bombay High Court
Rohit Randhir Patil vs The State Of Maharashtra And Another on 29 September, 2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 915 OF 2025
IN
CRIMINAL APPEAL NO. 163 OF 2025
Rohit S/o Randhir Patil,
Age : 23 yrs., Occu: Education,
R/o. Chobali, Tq. Ahmedpur, Dist. Latur. ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
.........
Mr. Sudarshan J. Salunke - Advocate for the Applicant
Mr. S. K. Shirse - APP for the State
Ms Bhagyashree S. Kamble h/f Mr. G. K. Sontakke - Advocate for
Respondent No. 2 / Victim
..........
CORAM : NEERAJ P. DHOTE, J.
DATED : 29TH SEPTEMBER, 2025
PER COURT : -
1. This is an Application for Suspension of Substantive
Sentence imposed upon the Applicant by the learned Special Judge,
Ahmedpur, vide the Judgment and Order dated 29.01.2025, by which
the Applicant/Appellant has been convicted for the offence punishable
under Section 363 of the Indian Penal Code and sentenced to suffer
rigorous imprisonment for six years and to pay fine of Rs. 30,000/-, in
default, to undergo rigorous imprisonment for one year, and for offence
punishable under Section 8 of the Protection of Children from Sexual
Offences Act, and sentenced to suffer rigorous imprisonment for five
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years and to pay fine of Rs. 30,000/-, in default, to undergo rigorous
imprisonment for one year.
2. The Prosecution's case, in brief, is that on 14.01.2024, in
the afternoon, when the Informant and her daughter (Victim) were
having lunch at their house, the Applicant/Appellant came there and
bowed down before the Informant. When the Informant asked him the
reason for coming to their house, the Applicant/Appellant told her that
he and the Informant's daughter are going to leave the house and
accordingly, the Applicant/Appellant took the Informant's daughter with
him. When the Informant's son came home and inquired about the
Victim, the Informant started searching the Victim. Since the Victim was
not traced, the report was lodged with Ahmedpur Police Station. The
Applicant/Appellant and the Informant's daughter stayed together at
Alandi from 15.01.2024 to 19.01.2024, where the Applicant/Accued
committed sexual intercourse with her. The Investigating Machinery
could trace both of them and apprehended. On the basis of the
statement of the Informant's daughter, Section 376(2)(n) of the IPC and
Sections 4 and 8 of the POCSO Act came to be included to the Crime.
After investigation, the Applicant/Appellant came to be charge-sheeted
and after the Trial, he came to be convicted as referred to above.
3. According to the learned Advocate for the
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Applicant/Appellant, the Informant's daughter eloped with the
Applicant/Appellant due to love affair. The age of the Victim is not
proved by the Prosecution. The Victim was more than 17 years of age
when she left the house. Since there was no evidence in respect of the
sexual intercourse, the learned Trial Court acquitted the
Applicant/Appellant from the charge of rape. The Applicant is behind
the bars for more than one (1) year and nine (9) months, and since the
Appeal will take its own time, the sentence be suspended and the
Applicant be released on bail.
4. The Application is vehemently oppoed by the learned APP
for the State and the learned Advocate appearing on behalf of the
Prosecutrix. They submit that, the age of the Victim is not seriously
disputed. A Birth Certificate of the Victim has been exhibited, which
was not challenged by the Defence. The Victim stated entire story
before the learned Magistrate. There is presumption under the POCSO
Act. There were antecedents of having committed similar types of
offences. They submit that the Application be rejected.
5. Insofar as the age of the Informant's daughter is concerned,
the Prosecution relied upon the Birth Certificate, which was exhibited as
Exh. 25 in the testimony of the Informant's daughter i.e. Victim. No
witness is examined to prove the Birth Certificate of the Victim. It is
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needless to state that, mere exhibiting the document will not be
sufficient. Admittedly, the Victim was not the author of the Birth
Certificate. Except this exhibited document, there is no evidence in
respect of the age of the Victim.
6. The evidence of the Victim shows that, at the relevant time
i.e. 14.01.2024, she was studying in 11 th Std. Though she deposed that,
by threatening to kill her parents the Applicant/Appellant took her with
him to Alandi, her evidence in the cross-examination shows that she
eloped with the Applicant/Appellant. In her cross-examination, it has
come that the Applicant/Appellant did not have physical relations with
her after he took her with him.
7. The medical evidence does not show any injuries on the
person of the Victim. So far as the antecedents are concerend, the
impugned Judgment itself shows that the Applicant/Appellant was
acquitted of earlier Crime. He has been acquitted of the offence of rape.
The sentence imposed upon the Applicant/Appellant is a term sentence
i.e. 6 years and 5 years, respectively, for offences punishable under
Sections 363 of the IPC and 8 of the POCSO Act. The
Applicant/Appellant undertakes to deposit the fine amount before his
release. The Applicant/Appellant is behind the bars for mroe than one
(1) year and (9) months. There is no likelihood that the Appeal would
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come up for final hearing in the near future. In this view of the matter, I
am inclined to allow the Application and hence, I pass the following
order : -
ORDER
[i] The Application is allowed.
[ii] The sentence imposed upon the Applicant by the learned
Special Judge, Ahmedpur, vide the impugned Judgment and
Order dated 29.01.2025 passed in Special Case (POCSO)
No. 6/2024, is hereby suspended till the final disposal of
the Appeal. In the meantime, the Applicant-Accused be
released on bail on his furnishing personal bond of
Rs.30,000/- [Rupees Thirty Thousand] with one surety in
the like amount.
[iii] The Applicant shall co-operate in early disposal of the
Appeal.
[iv] Bail before the Trial Court.
[NEERAJ P. DHOTE]
JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 29/09/2025 20:11:33
