[Cites 7, Cited by 0]
Bombay High Court
Sayyad Sajjiad Sayyad Salim vs The State Of Maharashtra And Another on 23 January, 2026
2026:BHC-AUG:2968
910.APPLN.4180.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4180 OF 2025
IN
CRIMINAL APPEAL NO. 845 OF 2025
Sayyad Sajjiad Sayyad Salim ...Applicant
Versus
The State of Maharashtra and Another ...Respondents
WITH
CRIMINAL APPEAL NO. 845 OF 2025
***
Mr. Mantri Suraj Rajendra, Advocate for the Applicant.
Mr. V. K. Kotecha, APP for Respondent - State.
***
CORAM : RAJNISH R. VYAS, J.
DATE : JANUARY 23, 2026
PER COURT :
1. This is an appeal against conviction under Protection of
Children from Sexual Offences Act, 2012. The office note shows that
respondent No.2 is served, but nobody has put appearance on behalf of
the victim.
2. In that view of the matter, I have requested Ms. Shilpa
Awchar, who has graciously accepted my request and has shown her
willingness to assist the Court in the matter.
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3. In that view, Ms. Shilpa Awchar is hereby appointed to
represent the victim.
4. The learned counsel for the applicant is directed to provide
all necessary documents to the counsel.
5. This is an application for grant of bail and suspension of
sentence. At the outset, it is necessary to state that though the learned
counsel for the victim was appointed today, she has in a brief time has
gone through the record and was ready with the matter.
6. The learned counsel for the applicant submitted that he
was tried for the commission of offences punishable under the
provisions of the Protection of Children from Sexual Offences Act,
2012 (hereinafter referred to as the "Act of 2012" for the sake of
brevity), so also Section 354-D of the Indian Penal Code, 1860
(hereinafter referred to as the "IPC" for the sake of brevity).
7. On 10th October 2025, the Special Judge, Nanded in
Special Case (POCSO) No.4 of 2022, acquitted the applicant for the
commission of offence punishable under Section 504 and 506 of the
IPC, so also Section 8 and 12 of the Act of 2012.
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8. The applicant was convicted for the commission of offence
punishable under Section 354-D of the IPC and sentenced to suffer
imprisonment for two years and pay fine of ₹ 10,000/-. Default
sentence was also imposed upon him.
9. The learned counsel for the applicant submitted that all
throughout the trial he was on bail and he did not misuse his liberty.
The applicant has also deposited amount of fine and after
pronouncement of judgment of conviction, he has surrendered the
custody of the Court and subsequently his sentence was suspended. He
therefore submitted that considering the length of sentence and the
age of the present applicant, sentence be suspended. According to
him, the testimony of the victim below Exhibit 33 will have to be re-
looked.
10. Per contra, learned APP and the learned appointed counsel
opposed the application on the ground that crime is against woman
and should be dealt with an iron hand.
11. I have gone the record of the case, in order to bring home
the charge, the prosecution has examined in all 4 witnesses, out of
which, PW-1 was the victim. PW-1's testimony will have to be looked
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into in the light of the grounds raised in the memo of the appeal.
12. Admittedly, the applicant was on bail and he did not
misuse his liberty. Considering the fact that the sentence is of two
years only, the present application is required to be allowed.
13. Accordingly the application is allowed and the following
order is passed.
ORDER
A) The sentence imposed in Special Case (POCSO) No.4
of 2022 dated 10th October 2025, passed by the
learned Special Judge, Nanded, convicting the
applicant for the commission of the offence
punishable under Section 354-D of the IPC, for two
years, is hereby suspended till final hearing of the
appeal.
B) The applicant be released on bail on the same terms
and conditions as were imposed by the Trial Court.
14. Fees of the learned appointed counsel be quantified as
₹ 7,000/-
( RAJNISH R. VYAS, J. )
