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MANGESH S.PATIL
RAHUL SHIVPRASAD AGRAWAT – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
Based on the provided legal document, the key points are as follows:
The appellant was convicted of offences under the Protection of Children from Sexual Offences Act, involving a minor girl under 15 years of age, and sought suspension of the sentence during the pendency of the appeal (!) (!) .
The prosecution's case involved allegations of sexual offence by the appellant, who is the minor's paternal uncle, based on the victim's statement and medical evidence indicating injury to the private part, with the injury aged approximately 48 hours at the time of examination (!) (!) .
The appellant's defense emphasized significant delays in lodging the FIR, discrepancies in medical evidence (notably the injury age conflicting with the incident date), and claims of false implication due to a matrimonial dispute. The appellant was on bail during the trial and had not misused this liberty (!) (!) (!) .
The court observed that there was an enormous delay in lodging the FIR, with no plausible explanation, and no immediate complaint made by the victim to any family member despite the incident occurring in the victim’s grandparents' house while they were sleeping. Medical evidence showed injuries that were 48 hours old, which conflicted with the alleged incident date, raising doubts about the veracity of the prosecution’s version (!) (!) .
The court noted the absence of evidence of misuse of liberty and the fact that the appeal was unlikely to be heard in the near future due to the pendency of proceedings, which supported suspending the sentence (!) .
Ultimately, the court allowed the application for suspension of the substantive sentence during the appeal’s pendency. The appellant was ordered to be released on bail upon executing personal recognizance of Rs. 25,000 and furnishing a solvent surety of the same amount, with bail to be executed before the trial court (!) (!) (!) .
The decision emphasized the importance of considering the delays, discrepancies in evidence, and the appellant’s conduct during trial, leading to the conclusion that suspension of the sentence was appropriate under the circumstances (!) .
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JUDGMENT :
Heard.
2. In this Appeal against conviction of the applicant for the offences punishable under Section 3(b), 4, 5(m), 5(n) and 6 of the Protection of Children from Sexual Offences Act, 2012, he is seeking suspension of sentence under Section 389 of the Code of Criminal Procedure.
3. Shortly stated the prosecution case is that the prosecutrix is a minor girl, less than 15 years of age who alleged about the appellant who happens to be her paternal uncle having subjected her to sexual offence by inserting finger in her private part while she was sleeping in the house of her grant parents.
4. The learned advocate for the appellant points out that there is enormous delay in lodging the FIR. Though the incident is stated to have taken place in the night between 7-9-2013 and 8-9-2013, the FIR has been lodged on 20-9-2013. There is no plausible explanation coming forth for such delay. There is no concrete medical evidence corroborating the prosecution version. There is also material discrepancy in the medical evidence in as much one of the Medical Officers namely Dr. Patil (PW7) though has stated about having noticed injury on the private part of the victim, he has opined that the a
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