The court's decision was influenced by the gravity of the sexual offences under the POCSO Act and the credibility of the evidence presented by the prosecution.

JUDGMENT

ABHAY S.WAGHWASE, J. - Applicant who is convicted by learned Special Judge, Aurangabad in Special Case (POCSO) No.164 of 2017, for commission of offences under Sec. 376(2)(n), 363 and 506 of Indian Penal Code (IPC) and under Sec. 5(l) punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) registered with Cidco Police Station, Aurangabad City, is seeking suspension of sentence as well as grant of bail.

2. Taking us through the charge-sheet, learned counsel for applicant would submit that complaint came to be lodged by informant alleging that, she is studying in 7th Standard. It is narrated that the applicant was her neighbour. That, on 12/8/2017, it is alleged that while she was alone as her parents were out of station, applicant called her on the pretext of some work and took her on the terrace of his house and had sexually ravished her. She was threatened to be killed if at all she discloses it to anyone and therefore, when she returned, she did not inform her uncle. However, when parents returned, she narrated the incident to them and therefore they took her to the police station where she lodged complaint, on the strength of which police registered crime bearing No.0522 of 2017 for commission of above offence.

3. It is submitted that applicant is falsely involved. Complaint is belated. That, it is doubtful whether informant is minor as manufactured and fabricated birth certificates are subsequently tendered. That, apparently FIR is registered after two days of alleged offence and as such there is delay, but the same is not explained.

4. It is pointed out that learned trial Judge has appreciated only the case of prosecution and has not considered grounds raised by the accused in trial and therefore, appeal has been preferred against the said judgment and order of conviction. According to learned counsel, the appeal will take its own time and turn and as such applicant would be languished in jail till then. In above backdrop, it is prayed that the sentence awarded be suspended and the applicant be set at liberty by imposing suitable conditions.

5. While opposing the bail application, learned APP point out that serious offence under the provisions of POCSO Act has been committed. That, the girl was merely completed 13 years of age. Accused had taken disadvantage of acquaintance, initially as a neighbour and subsequently disadvantage of her loneliness while her parents were out of the house. Therefore, by threatening her she was sexually exploited on various occasions. Therefore, learned trial Judge, after appreciating the entire oral and documentary evidence and finding it supporting the case of prosecution, has recorded guilt. Therefore, if instant prayers are granted, wrong message will go to the society and as applicant does not deserve relief as prayed, it is prayed that the application be rejected.

6. We have heard both sides to their satisfaction.

7. We have perused the record and papers and evidence adduced by both the sides during trial. From the FIR, it is emerging that at the time of the incident victim was studying in 7th standard, whereas, accused was over 30 years of age. It seems that victim and accused were initially the neighbourers and as such well acquainted. According to informant, a week prior to the incident, accused had come to her house requesting her to tie 'rakhi' and thereafter also he used to call her on some or the other pretext. It seems that accused changed his residence and shifted to another place, but still he used to go to visit her. As regards sexual exploitation is concerned, it seems that it is stated in the FIR that on 12/8/2017, her parents had gone to their native place at Buldhana and she was alone in the house, i.e. on the first floor, whereas, her paternal uncle and aunt resided on the ground floor. It is her case that, around 10.30 p.m. while she was sitting on platform(xxx xxx xxx) outside the house, at that time accused came and called he