Vishal Babanrao Uike v. State Of Maharashtra Thr Pso Ps Hinganghat Dist Wardha
2026:BHC-NAG:4094 1 38.appa.140.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 140/2026 IN CRIMINAL APPEAL NO. 78/2026 Vishal s/o. Babanrao Uikey Vs.
State of Maharashtra and Anr.
................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................... Mr. M. V. Rai, Advocate for Appellant/Applicant. Mr. Bhagwan M. Lonare, A.P.P. for Respondent/State. Ms. S. A. Pathak, Advocate for Respondent No.2. CORAM :
NEERAJ P. DHOTE, J.
DATED :
11.03.2026 1.
This is an application for suspension of sentence imposed by the learned Special Judge (POCSO), Hinganghat on 23.01.2026 in Special (Child) Case No.35/2020 convicting and sentencing the Applicant as follows : "1] The accused Vishal Babanrao Uikey is convicted under section 235(2) of the Code of Criminal Procedure for offence under sections 376(AB), 363, 506 of Indian Penal Code and section 3(a) punishable under section 4, section 5 (m) punishable under section 6 of Protection of Children From Sexual Offences Act, 2012.
2] For offence under section 5 (m) punishable under section 6 of Protection of Children From Sexual Offences Act, 2012 accused Vishal Babanrao Uikey shall undergo rigorous imprisonment for 25 years and pay fine of Rs.25,000/- (Rs. Twenty-five
2 38.appa.140.26.odt thousand only) and in default of payment of fine he shall undergo rigorous imprisonment for 2 years. 3] For offence punishable under section 363 of Indian Penal Code, accused Vishal Babanrao Uikey shall undergo rigorous imprisonment for 3 years and pay fine of Rs.3,000/- (Rs. Three thousand only) and in default of payment he shall undergo rigorous imprisonment for 2 months.
4] For offence punishable under section 506 of Indian Penal Code, accused Vishal Babanrao Uikey shall undergo rigorous imprisonment for 1 year and pay fine of Rs.1,000/- (Rs. One thousand only) and in default of payment of fine, he shall undergo rigorous imprisonment for 1 month.
5] The accused Vishal Babanrao Uikey is acquitted under section 235(1) of the Code of Criminal Procedure of the offence punishable under sections 309 of Indian Penal Code and section 9(m) punishable under section 10 of Protection of Children From Sexual Offences Act, 2012.
6] Substantive sentences of imprisonment to run concurrently."
2.
The prosecution's case mentioned in the impugned Judgment is reproduced below :
"On 11/6/2020 at about 9.00 a.m., the first informant had gone for work in the land of one Mahajan. His wife and two daughters were at home. When he was doing work in the field, at about 3.35
3 38.appa.140.26.odt p.m. his wife called him immediately to home on phone. He immediately returned home. After coming home, his wife told him that while their two daughters were playing utensils, near temple of Bajrangbali, at about 2.00 to 2.30 p.m., his younger daughter came home to drink water. The elder daughter victim-A was playing there. After some time, said daughter, victim-A came home and told that accused Vishal went there (where she was), by pressing her mouth picked her up and carried her to cattle shed of one Raut at some distance. He removed her pant and knicker. Thereafter, he also removed his pant and knicker and committed rape on her. The informant by taking victim-A, his daughter alongwith immediately went to the cattle shed. Blood was lying there.
He directly went to police station to lodge report and matter was reported in police station. He came to know in police station from the discussion of police that accused attempted to commit suicide by jumping in well and villagers took him out of the well. On reporting the matter by informant, crime was ordered to be registered for offence punishable under sections 376, 376AB, 363, 309 of I.PC. and under sections 4 and 6 of POCSO Act, which set investigation into motion."
3.
Heard the learned Advocate for the Applicant/Appellant, learned A.P.P. for the State and learned Advocate for the Respondent No.2 -Victim. With their assistance perused the papers on record.
4 38.appa.140.26.odt 4.
There is no serious dispute that, the Victim was the child i.e. below the age of 18 years. The Victim's evidence shows that, on 11.06.2020, while she was playing nearby her house, the Applicant/Appellant came, gagged her mouth and took her to the cattle shed and by removing her clothes committed sexual intercourse. Due to the sexual intercourse, the Victim bled from her private part. The parents of the Victim were informed by the Victim. The medical evidence in the nature of testimony of the witness No.8 Dr. Mariya Khatun Sultan Ahmad shows that, on examination of the Victim, she found no injury over vagina and hymen injury was absent. There was no bleeding, no tears and there was no perineal tear present.
In the crossexamination of the Medical Officer, it has come that, she could not tell as to whether the sexual intercourse had taken place. The cross-examination of the Medical Officer shows that, the Victim told her that, the accused tried for sexual intercourse. This prima facie goes to show that, the medical evidence do not support the Victim's version of sexual intercourse by the Applicant/Appellant on her. Though the Medical Officer, who examined the Applicant/Appellant found the injuries on the person of the Applicant/Appellant, there is evidence of Investigating Officer and father of the Victim that, the Applicant/Appellant had jumped in the well and attempted to commit suicide. Therefore, prima facie, the said injuries cannot be connected with the incident.
5 38.appa.140.26.odt it was difficult to comment as to whether the sexual intercourse was within 24 hours. The C.A. report at Exhibit-110, as can be seen from the observations in para 56 of the impugned Judgment, the blood stains of the Victim was found on the full T-shirt of the Applicant/Appellant. With this evidence on record, prima facie, the offence of attempt may be possible. As far as the criminal assault in the nature of penetrative sexual assault, the prosecution's evidence appears to be shaky. The Applicant/Appellant is behind bars since 12.06.2020 i.e. almost 5 years and 9 months. The Appeal is of 2026 and there is no possibility that, the Appeal would be finally heard in near future. Hence, I am inclined to pass the following order :
ORDER
I] The Criminal Application is allowed.
II] The substantive sentence imposed upon the Applicant namely Vishal s/o. Babanrao Uikey, by the learned Special Judge (POCSO), Hinganghat vide Judgment and Order dated 23.01.2026, passed in Special (Child) Case No.35/2020, is hereby suspended till the final disposal of the Appeal.
III] The Applicant/Appellant be released on bail on furnishing P.R. bond of Rs.25,000/- [Rupees Twenty Five Thousand Only] with one surety in the like amount.
6 38.appa.140.26.odt IV] The Applicant shall co-operate in early disposal of the Appeal.
V] Fees of the appointed Advocate for the Respondent No.2 is quantified to Rs.7,500/- to be paid by the High Court Legal Services SubCommittee, Nagpur. VI] Criminal Application stands disposed of accordingly.
(NEERAJ P. DHOTE, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 11/03/2026 19:40:22