Sagar Raju Panchras v. the State of Maharashtra and Another
Case brief
What is this about?
Suspension of sentence and bail refused to rape convict pending appeal; POCSO Section 29 presumption triggered by established Section 5 offence and unrebutted; victim a minor suffering mild mental retardation; accused a relative (husband of victim's sister); DNA report opined applicant biological father; chain-of-custody objection to DNA report deferred to final hearing; conviction under Sections 376(2)(j)(n)(f)(l) IPC and Section 6 POCSO, ten years RI plus Rs.5,000/- fine (Special Case No. 135 of 2019, Ahmednagar, 22-10-2024); Bombay HC Aurangabad Bench, Rajnish R. Vyas, J., 27-01-2026; appeal listed 10-02-2026.
What did the court decide?
Since the prosecution has established commission of offence under Section 5 of the Act of 2012, the presumption under Section 29 of the Act of 2012 has triggered, and the applicant examined no witness to rebut the presumption.