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Judgment
G. S. Kulkarni, J
The applicant/accused who stands convicted of the offence punishable under Section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 is before this Court. In this application praying that the sentence and conviction as awarded to him in Sessions Case(Ors.) No.30 of 2022 be suspended and the applicant be released on bail on such terms and conditions that this Court may fit and proper.
The learned Counsel for the applicant drew attention of this Court to the impugned judgment and submitted that the age of the victim was 16 ½ years. He has pointed out that victim was not examined as also the applicant/accused knows each other.
The Court's attention is drawn to paragraph 32 of the impugned judgment where learned Judge has observed that the prosecution has not examined the victim nor there is medical evidence on record to establish that the victim was raped or the accused committed penetrative sexual assault except that the CFSL report produced at Exh.PW6/46/C Colly. There is no DNA report on record.
In paragraph 22, the learned Judge has held that the prosecution has failed to establish the accused had committed rape and penetrative sexual offence on the victim. It is thus contended by the learned Counsel for the applicant that the prosecution has miserably failed to establish the guilt of the accused beyond reasonable doubt.
Having heard the learned Counsel for the applicant, having perused the record and considering the findings as recorded by the learned District Judge, in my opinion, the applicant has made out a case for execution of sentence to be suspended during the pendency of the present appeal. Hence the following Order:-
ORDER
a. The execution of the substantive sentence of imprisonment as awarded to the applicant/accused is hereby suspended, subject to the appellant/ applicant furnishing a P.R. Bond in the sum of Rs.25,000/- along with one or two solvent sureties in the like amount.
b. Bail bonds to be furnished before the POCSO Court.
c. Till the disposal of the above Appeal, the appellant/applicant shall report before the POCSO Court on the first Monday of every month.
d. The appellant/applicant shall not leave the State of Goa unless prior permission of the POCSO Court is obtained.
e. Criminal Miscellaneous Application No.581/2022-F is disposed of in the above terms.