Ganesh @ Siddhu Vilas Bhalerao v. State of Maharashtra and Anr.
Case brief
What is this about?
Suspension of sentence refused; bail refused pending appeal; POCSO Act 2012; 2019 amendment fixing 20-year minimum sentence; offence predated amendment; Special POCSO Case No.33 of 2016; Criminal Appeal No.386 of 2025; Criminal Appeal No.495 of 2022; Interim Application No.5092 of 2024; Interim Application No.2224 of 2025; ten years' imprisonment undergone; gravity of offence outweighs period in custody; minor victim ravished for a month by father's friends; not a case of love affair; Trial Court's reasoned sentence of 20 years upheld at interlocutory stage; observations prima facie; appeal expedited; R. M. Joshi, J.; Bombay High Court; co-ordinate Bench order in IA No.1824 of 2023 in Criminal Appeal No.1032 of 2023 cited by counsel.
What did the court decide?
The Trial Court acted within its power and jurisdiction in imposing 20 years' rigorous imprisonment: the pre-amendment maximum was life imprisonment, and the Trial Court recorded reasons (paragraph 46 of its judgment) for awarding 20 years instead of life; the contention of the applicants is rejected at this stage.