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BOMBAY HIGH COURT
Shivkumar Dige, J
Siddesh Sunil Gadkari – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. suspension of sentence sought under pocso act. (Para 1 , 2) |
| 2. contention of consensual relationship and delay in complaint. (Para 3 , 4) |
| 3. court observations on the merits of the application. (Para 5) |
| 4. decision to grant bail and dispose of the application. (Para 6) |
CORAM : SHIVKUMAR DIGE, J. DATED : 17th OCTOBER, 2024.
P.C. :
1. By this application, applicant is seeking suspension of sentence and bail in special POCSO Sessions Case No. 681 of 2018. The applicant has been convicted for the offence punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and sentenced to suffer rigorous imprisonment for 10 years and fine of Rs.10,000/- in default to undergo simple imprisonment for one month.
2. It is prosecution’s case that applicant had friendship with the victim aged 17 years old. When applicant had gone to the house of victim for study, in the week of March, 2017 he forcefully sexually assaulted her. Thereafter due to fear of applicant victim did not disclose the said incident to anyone. Thereafter from July-2017 to August-2017 applicant repeatedly committed sexually intercourse with the victim. Due to fear of d
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