Rahul S/O Manohar Borkar v. State Of Mah. Thr. Pso Ps Kothari Tah.Ballarpur Dist.Chandrapur And Another

920appa700-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.700 OF 2022 IN CRIMINAL APPEAL NO.545 OF 2022 RAHUL S/O MANOHAR BORKAR VS STATE OF MAH. THR. PSO PS KOTHARI TAH.BALLARPUR DIST.CHANDRAPUR AND ANOTHER Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.K. Borkar, Advocate for applicant Shri S. D. Sirpurkar, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.

DATED : 25.11.2022.

1.

This is an application filed under Section 389(2) of the Code of Criminal Procedure for suspension of sentence and grant of bail.

2.

The applicant was convicted for the offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012 R/W Sec. 376(2)(i)(j)(n) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for twenty years and to pay fine of Rs.15,000/-, in default to pay fine, further to suffer rigorous imprisonment for six months.

3.

Considering the findings recorded by the learned trial Court in para No.19 of the judgment which categorically states that except the victim's statement,

920appa700-22.odt there is no other evidence to support the case of the prosecution. Thus, it appears that only on the basis of the statement of the victim and in absence of any corroborative evidence, the trial Court convicted the appellant and sentenced him for twenty years rigorous imprisonment.

4.

Thus, considering the fact that there is no corroborative evidence to support the evidence of the victim, I am of the opinion that it is necessary to re-look the entire evidence. There is no likelihood that this matter would come up for final hearing in near future. There is one more ground is that the applicant was on bail during the trial. Accordingly, I pass the following order:

i.

Criminal application is allowed.

ii.

The sentence imposed by the learned Special Court (POCSO), Chandrapur in Spl. (POCSO) Case No.29 of 2016 vide judgment and order dated 25.07.2022, is suspended, till disposal of the appeal. iii.

Bail as in the trial Court with fresh Bonds.

[JUDGE] nd.thawre DOMAJI THAWRE 19:22