[Cites 12, Cited by 0]
Bombay High Court
Rohit Chandrakant Bhagat vs State Of Mah. Thr. Pso, Hingna, Nagpur ... on 9 April, 2026
2026:BHC-NAG:5621
1
appa220.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.1220/2023
IN
CRIMINAL APPEAL NO.756/2023
(Rohit S/o Chandrakant Bhagat Vs. State of Maharashtra, through P.S.O. Hingna, Nagpur)
----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
--------------------------------------------------------------------------------------
Ms. Varsha Warade, Advocate (appointed) for the Applicant/Appellant.
Mr. Bhagwan M. Lonare, A.P.P. for the Non-Applicant-Respondent No.1/State.
Ms. Sunita Paul, Advocate (appointed) for the Non-Applicant/Respondent No.2.
CORAM: NEERAJ P. DHOTE, J.
DATED: 9.4.2026.
This is an Application for suspension of sentence dated
04.08.2023 imposed by the learned Additional Sessions Judge,
Nagpur in Special (POCSO) Case No.155/2021 convicting and
sentencing the Appellant as follows:-
"(1) Accused Rohit s/o Chandrakant Bhagat, Aged 22
years, Occu. Labour, R/o. Ward No.14, Galli No.3, Vaidhya
Nagar, Varnali Miraj, Distt. Sangli is hereby convicted for
the offence punishable u/s 5(1) r/w 6 of the POCSO Act
and he is sentenced to suffer R.I. for 20 years and to pay
fine of Rs.5000/-. In default to pay fine R.I. for 2 months.
(2) The accused is further convicted for the offence
punishable under sec.366 of the I.P.C. and he is sentenced
to suffer R.I. for 7 years and to pay fine of Rs.3,000/-.
In default to pay fine R.I. for 1 months.
(3) The accused is further convicted for the offence
punishable under sc.363 of the I.P.C. and he is sentenced to
suffer R.I. for 3 years and to pay fine of Rs.2000/. In
default to pay fine R.I. for 15 days.
2
appa220.2023.odt
(4) The accused is further convicted for the offence
punishable under sec.376(2)(j)(n) of the I.P.C. and under
section 3 r/w 4 of the POCSO Act but no separate sentence
is awarded as per section 42 of the POCSO Act as the
accused has already been awarded sentence u/s 5(1) r/w 6
of the POCSO Act which is greater in degree.
(5) The accused is on bail. He is directed to surrender
his bail bonds and he be taken in custody forthwith to
serve out the aforesaid sentences.
(6) All the aforesaid sentences of the accused shall run
concurrently.
(7) The accused is entitled to get set off for the period
already undergone in jail as per section 428 of the Cr.P.C.
(8) Muddemal properties, be destroyed being worthless
after the appeal period is over.
(9) The victim girl be paid Rs.7000/- towards amount of
compensation out of fine amount if accused pay/deposit
the same.
(10) It is recommended to the District Legal Service
Authority Nagpur to decide the quantum of compensation
to be awarded to the victim girl (Pw2) under the scheme
referred in sub section 1 of section 357-A of the Cr.P.C.
(11) Judgment is dictated and pronounced in open court.
(12) Certified copy of judgment be supplied to the
accused free of costs."
2. It is the case of prosecution that, the Appellant kidnapped the
Victim who was 17 years and 6 months by age and committed sexual
intercourse with her. The Victim's father lodged the Missing Report
with the concerned Police Station. During the investigation, the
3
appa220.2023.odt
Victim and the Appellant were traced. They were taken in custody.
The statement of the Victim was recorded. The crime was registered.
The offence of rape and offence under the penal sections of Protection
of Children from Sexual Offences Act (for short "POCSO Act") came
to be added in the Crime. The Appellant came to be chargesheeted
and convicted after the trial.
3. Heard the learned appointed Advocate for the Appellant, the
learned A.P.P. and the learned appointed Advocate for the Respondent
No.2. With their assistance perused the papers.
4. Age of Victim was 17 years 6 months and the Appellant was
aged 21 years. The evidence of Victim shows that, she came in
contact with the Appellant through the Facebook. They became
friendly and the Victim eloped with the Appellant. They both
resided 2 months at different places. The Headmaster of the school
where the Victim was studying is not examined to prove her date of
birth. The Appellant had arguable case on merits. He is behind bars
for a period of more than 2 years. The Appeal may take time to be
heard finally. Hence the following order:-
ORDER
i. The Application is allowed.
ii) The sentence imposed on the Appellant vide judgment and
order dated 04.08.2023 by the learned Additional Sessions Judge,
Nagpur in Special (POCSO) Case No.155/2021 for the offence
punishable under Section 6 of the POCSO Act and Sections 366, 353
and 376(2)(j)(n) of the Indian Penal Code is suspended and
Appellant is directed to be released on bail on his executing P.R. Bond
of Rs.25,000/- with one solvent surety in the like amount.
appa220.2023.odt
iii) The Appellant shall attend the concerned Police Station once in
a month on the last Monday on every month between 10:00 a.m. to
05:00 p.m. until further orders.
iv) The fees of the learned appointed Advocate for the
Applicant/Appellant and the learned Advocate appointed for the
Respondent No.2 is quantified at Rs.15,000/- and Rs.10,000/-,
respectively. The same shall be paid by the High Court Legal Services
Authority.
v) Application stands disposed of in the above terms.
(NEERAJ P. DHOTE, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PS To Honourable Judge
Date: 09/04/2026 18:34:39
