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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.2534 OF 2021

IN

CRIMINAL APPEAL NO.862 OF 2021

Javed Khatri @ Machhar Mohd. Javed Hanifbhai

Applicant

versus

The State of Maharashtra and another

Respondents

Mr.Pankaj Pandey with Mr.Firoz Shaikh, Advocate for applicant.

Mr.R.R.Nair, Advocate for respondent no.2.

Mr.Arfan Sait, APP, for State.

Mr.Babasaheb Dukale, P.I, and Mr.Anil Bhabal, PSI, Dongri Police

Station, present.

CORAM : PRAKASH D. NAIK, J.

DATE : 4^th April 2022

PC :

1.

This is an application for suspension of sentence and grant of

bail during pendency of Criminal Appeal No.862 of 2021. The

applicant has been convicted for offence under Section 376 of Indian

Penal Code and under Section 4 of Protection of Children from

Sexual Offences Act, 2012 (`POCSO Act’). He has been sentenced to

undergo imprisonment of ten years and pay fine of Rs.1,00,000/-.

He was acquitted for the offence under Sections 37, 506 of IPC and

under Section 12 of POCSO Act.

2.

The case of prosecution is that the accused is a married person

and neighbour of victim. The victim was aged around 14 years 7

months at the tie of incident. The accused and the complainant are

residing on the same floor. Both the families are on visiting terms at

MANISH

SURESH

THATTE

Digitally signed by

MANISH SURESH

THATTE

Date: 2022.04.05 17:14:32

+0530

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each others houses. At the relevant time the victim was studying in

8^th standard. She was attending tuition with PW-5. On 1^st April 2019

the victim girl and her friend who reside in the same building left for

tuition. The friend of victim was told by the victim to wait below the

building and the victim girl went to the house to get her pencil pouch

and return shortly. Since the victim girl did not return, the victim’

s

friend went to the house of victim to enquire whether she is coming

for tuition. The complainant is the mother of victim. On enquiry by

the friend of victim she got alarmed since the teacher of the victim

had informed her that accused was inappropriately touching the

victim. The complainant felt that victim must be in the house of

accused. So she called neighbour (PW-9) who knocked the door of

accused. The door was opened the door partially and accused

informed that his wife is not at the home. The complainant heard

sobbing voice of the victim coming behind the door of accused. PW-

9 and the complainant found that victim was behind the door in the

house of accused and she was crying and scared. The accused stated

that victim does not want to go for tuition class and therefore she is

sitting in his house. The victim on the next day revealed to the

teacher that on the earlier day when she left for tuition, the accused

met her down at the building. He forced and threatened her to come

to his house. He forcibly removed her clothes and committed sexual

intercourse. He also outraged her modesty. The victim also

disclosed to her tuition teacher that accused had touched her

inappropriately on two occasions in the month of March-2019. The

teacher had noticed that victim was not paying attention to her

studies. The victim embressed the teacher and started crying. The

victim disclosed the acts committed by the accused. Thereafter they

went to Police Station and lodged the FIR. The victim was sent for

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medical examination. On completing investigation charge sheet was

filed.

3.

The prosecution had examined about 11 witnesses By

judgment and order dated 10^th August 2021 the applicant-accused

was convicted for the aforesaid offences.

4.

Learned advocate for applicant submitted that the applican