Abhishek Ganpat Munankar v. The State Of Maharashtra And ANR

Digitally signed by Shambhavi N. Shivgan Date:

2021.01.27 18:17:42 +0530 Shambhavi N. Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.780 OF 2020 IN CRI. APPEAL NO.255 OF 2020 Abhishek Ganpat Munankar ... Applicant Vs The State of Maharashtra & Anr.

... Respondents ...

Mr. V.V.Purwant for the Applicant.

Mrs. Sharmila Kaushik, APP for the Respondent-State. CORAM : SANDEEP K. SHINDE J.

DATE : 27 th JANUARY, 2021.

P.C. :

Heard.

Pending appeal against the conviction under Section 376 of the Indian Penal Code, 1860 and Section 4,8 of the Protection of Children From Sexual Ofences Act, 2012, the applicant is seeking suspension of sentence and his enlargement on bail. I have perused the judgment and depositions of prosecution witnesses. Accused-Appellant Shivgan 1/3

has been sentenced to sufer rigorous imprisonment for ten years and to pay fne of Rs.10,000/- both under Section 376 of the IPC and POCSO Act.

In the year 2017 when the FIR was registered against the appellant, he was 20-21 year old; whereas victim was under 18 year of age. Prima-facie, therefore, her "consent" was immaterial.

Evidence, however, suggests that the victim and the applicant had fallen in love with each other. Pending trial, applicant married another girl and from the said wedlock, child was born. Applicant was in jail hardly for a year and six months.

In consideration of the facts of the case, age of the applicant, appeal is directed to be listed for fnal hearing on fnal hearing board in a week commencing from 14th March, 2021.

Shivgan 2/3

In view of aforesaid fact, application is disposed of.

(SANDEEP K. SHINDE, J.) Shivgan 3/3