Applicant convicted in a POCSO/rape case sought suspension of sentence and bail pending appeal. The court found prima facie medical evidence that three victim girls aged 9, 4 and 6 were sexually assaulted, found no case for bail, rejected the application, and directed the appeal to final hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2742 OF 2023 IN
CRIMINAL APPEAL NO.1385 OF 2018
Sushil Ranjitsing Jangu….Applicant
Versus
The State of Maharashtra and Ors.….Respondents
Mr.Hassnain Kazi and Ms.Shraddha Vavhal, Advocate for the
Applicant.
Mrs.P.P. Shinde, APP for Respondent No.1 – State.
Ms.Sakshee P. Chavan, Advocate appointed for Respondent No.2.
CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.
DATED : 11th MARCH 2024.
P.C. :
1 Heard the learned counsel for the parties.2By this Application, the Applicant seeks suspension of
Digitally signed by RAJESHRI RAJESHRI PRAKASH PRAKASH AHER AHER Date: 2024.03.13 18:36:52 +0530
his sentence and enlargement on bail, pending the hearing and
final disposal of the aforesaid Appeal.
Rajeshri Aher
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3Learned counsel for the Applicant submits that taking
the prosecution case as it stands no offence either under Section 6
of The Protection of Children from Sexual Offences Act (POCSO Act),
2012 or under Section 376 (1) of the Indian Penal Code (IPC) [old
Act] will apply in the facts of the present case. He submits that the
Applicant is in custody since 2015.
4Learned APP as well as Mr.Chavan, learned counsel
appearing for Respondent No.2 vehemently opposed grant of bail.
He submits that the girls were aged 9, 4 and 6 at the relevant time
and that the medical evidence duly corroborates the same.
5We have perused the papers. All the three victim girls
were aged 9, 4 and 6. The evidence of P.W.6 Dr.Parvatikar clearly
shows that the victim girls disclosed to her how the applicant
called the victim girls to his house, removed their clothes as well
as his clothes and, thereafter sexually assaulted the girls. She has
stated in the medical examination that the hymen of the girls was
torn. Prima facie, there is hardly any cross–examination of the
doctor vis–a–vis sexual assault on the victim.
Rajeshri Aher
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6Considering the age of the victim girls and the medical
evidence, that the victim girls were sexually assaulted, no case is
made out for suspending the sentence of the Applicant–accused
and enlarge him on bail. Application is rejected and is accordingly
disposed of .
7Appeal to be added to the final hearing board at its
appropriate place in the week commencing 10th June 2024 .
MANJUSHA DESHPANDE, J.
REVATI MOHITE DERE J.
Rajeshri Aher
1 issue framed by the court
Whether the applicant's sentence should be suspended and bail granted pending disposal of the appeal.
2 provisions across 2 enactments
Sushil Ranjitsing Jangu
The State of Maharashtra
Respondent No.2
Revati Mohite Dere
Manjusha Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court