Kiran Rajebhau Sherekar v. the State of Maharashtra and Another
Case brief
What is this about?
Post-conviction bail / suspension of sentence refused; POCSO Act 2012 (printed as Protection of Children from Sexual Offices Act, 2012) Sections 6, 42, 29, 30; IPC Sections 376, 376(2)(j), 376AB, 506; rape of 8½-year-old girl; forcible sexual intercourse proved by categorical testimony of victim PW-1; hymenal tear at 6 O'clock position; defence argument of no external injuries rejected; false implication plea based on telephone calls between accused and victim's mother (313 statement Question No.43) rejected; presumption of innocence wiped out upon conviction; conviction by Special Judge (POCSO Act), Ambajogai in Special (Case) No.41 of 2022 (printed 20222); FIR Exhibit 74-C No.49 of 2022, Ambajogai Rural Police Station, 19 March 2022; victim's birth certificate Exhibit 45 admitted by defence; Criminal Appeal No. 1068 of 2023; Criminal Application No. 3587 of 2025; registry mark 908.APPLN.3587.2025; neutral citation 2026:BHC-AUG:2966; Bombay High Court Aurangabad Bench; Rajnish R. Vyas, J.; decided 23 January 2026; application dismissed; counsel fee Rs. 7,000/- (Ms. Sunita Sonawane); applicant styled 'present appellant' in the FIR narration; District Beed.