FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

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Office Notes, Office

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Memoranda of Coram, |

Court's or Judge's orders

appearances, Court's

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orders or directions

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and Registrar's orders

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CRIMINAL APPLICATION NO.123 OF 2017

IN

CRIMINAL APPEAL NO.9/2017

ASHOK S/O YESHWANT GHARAT

VERSUS

THE STATE OF MAHARASHTRA

...

Advocate for Applicant : Mr.Shinde S.K.

APP for Respondents/State: Mr.K.N. Lokhande.

...

CORAM : V.L. ACHLIYA, J.

Dated: February 15, 2017

…

The applicant has moved this

application seeking suspension of the

sentence and release on bail during

pendency of appeal.

2.

Heard learned Counsel for the

applicant and learned APP for the State

and further perused the record and

proceedings and the impugned judgment.

3.

The applicant – appellant was tried

for committing offences punishable under

sections 376(2)(n), 506 of the Indian

Penal Code and sections 3 and 4 of the

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Protection of Children from Sexual

Offences Act, 2012. On conclusion of

trial, the trial Court has convicted the

applicant - appellant under Section 376(2)

(n) of IPC and sentenced to suffer R.I.

for seven years and to pay a fine of

Rs.500/-. He is also convicted for

committing offences punishable under

Sections 3, 4 of the Protection of

Children from Sexual Offences Act, 2012

and section 506 of IPC, and sentenced to

suffer S.I. for one month.

4.

Mr. Shinde, learned Counsel for the

applicant strenuously contended that the

impugned judgment and order passed by the

trial Court is not sustainable in law and

the applicant has fair chances to succeed

in appeal. He submits that the testimony

of the prosecutrix finds no corroboration

from the medical evidence as well as

report received from the Chemical

Analyzer. He submits that the applicant

has been falsely implicated in the case at

the behest of the complainant who was

interested in purchasing the house owned

by sister of the accused. He submits that

as per the medical report, there was no

external injury except three nail marks

detected in physical examination of the

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prosecutrix. Similarly, no marks of

violence were noticed during the

examination. In the cross-examination, the

Medical Officer has admitted that the

injury to the hymen was more than seven

days old. In this view, the applicant has

fair chances to succeed in appeal. He

further submits that the applicant is an

aged person and the entire family depends

upon him. He, therefore, urged to enlarge

the applicant on bail during pendency of

appeal.

5.

On the other hand, learned APP

opposed the application with contention

that there is strong case to connect the

applicant with the offence. By referring

the case of the prosecution, the complaint

and depositions of the witnesses to the

incident, the learned APP submits that

there is absolutely no perversity in the

impugned judgment and order passed by the

trial Court. He further submits that the

applicant is found to be guilty of

committing a heinous offence of rape and

that too, against a minor girl aged about

12 years. He further submits that looking

to the nature of the offence and the

sentence awarded, the application may be

rejected.

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6.

In

order

to

appreciate

the

submissions advanced, I have perused the

impugned judgment and order, and the

record and proceedings. I am of the prima

facie view that there is evidence to

connect the applicant with commission of

the offence. The victim has deposed as

per the prosecution case. The complainant

has also supported the case of the

prosecution. The accused was alleged to