Shivprasad Bhosale v. State of Maharashtra - Criminal Appeal

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 7, Cited by 0 ] ### Bombay High Court

Shivprasad Sambhaji Bhosale vs The State Of Maharashtra And Another on 23 March, 2026

2026:BHC-AUG:12045

                                                                CriAppln-443-2026
                                               -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 443 OF 2026
                             IN CRIMINAL APPEAL NO. 76 OF 2026

             Shivprasad s/o Sambhaji Bhosale
             Age : 25 years, Occu. Driver,
             R/o. Banegaon, Taluka Purna,
             District Parbhani.                             ... Applicant

                  Versus

             1.   The State of Maharashtra,
                  Through P.S. Bori, Taluka Jintur,
                  District Parbhani.

             2.   X. Y. Z.                                  ... Respondents
                                               .....
             Mr. R. J. Nirmal, Advocate for the Applicant.
             Mr. P. P. Dawalkar, APP for Respondent No.1-State.
             Mr. Nikhil Jaiswal, Advocate for Respondent No.2 (appointed through
             Legal Aid)
                                               .....

                                    CORAM : ABHAY S. WAGHWASE, J.
                                    Reserved on   : 18.03.2026
                                    Pronounced on : 23.03.2026

             ORDER : 1.   Instant application is for suspension of sentence awarded by

             learned Additional Sessions Judge-1/Special Judge, Parbhani in

             Special (POCSO) Case No. 86 of 2020 decided on 08.01.2026

             convicting the applicant for offence under [Sections 376](https://indiankanoon.org/doc/1279834/), [363](https://indiankanoon.org/doc/619940/), [366A](https://indiankanoon.org/doc/1559723/) and [506](https://indiankanoon.org/doc/180217/) of IPC as well as [Section 3](https://indiankanoon.org/doc/1507082/) r/w 4 and [Section 8](https://indiankanoon.org/doc/188860642/) of the

             Protection of Children from Sexual Offences Act, 2012 (for short, [POCSO Act](https://indiankanoon.org/doc/103108231/)).

CriAppln-443-2026

1. Learned counsel for the applicant pointed out that, maximum

sentence awarded is of ten years. That, there is false implication.

That, even victim was above 17 years of age and Radiologist's opinion

was that she was in the age group of 19 to 20 years, and therefore

advantage to that extent was expected to be given. That, learned trial

court also failed to consider that victim had been to Hyderabad with

applicant. That school record has not been correctly appreciated,

more particularly cross of the headmaster who had admitted that he

was not present at the time of entry. That, even father had admitted

in cross that entry of birth of daughter was not taken in Gram-

panchayat record. Moreover, according to him, there was no

convincing forensic or medical evidence as no semen was detected in

the victim's swab. Lastly he submitted that it is not considered that

victim had herself eloped with accused and travelled long distance

without raising alarm. Thus, according to him, there is good case on

merits, but as appeal would take long time to be heard, relief of

suspension of sentence and grant of bail is urged for.

1. Above application is strongly opposed by both, learned APP as

well as learned counsel for the complainant-victim, on the ground

that victim is proved to be minor. That, evidence of victim as well as

her parent is recorded. That, victim has clearly stated that after
CriAppln-443-2026

issuing threat, victim was taken in a jeep to Deglur. It is pointed out

that, there was thus allegation of forceful act on a minor. That,

medical expert had noticed multiple abrasions on the body of victim

suggesting use of force and resistance. At the end, it is pointed out

that, even if scientific evidence does not support prosecution, there is

convincing evidence of the victim.

1. After appreciating the above respective cases and on going

through the record, it is emerging that crime was registered on the

basis of statement given by the very victim. As regards to age of victim

is concerned, prosecution has adduced evidence of PW8 in-charge

Headmaster, who placed on record extract of school admission

register at Exhibit P-99 wherein date of birth of victim is reflected as

15.06.2002. There is evidence of couple of doctors on the age, but

there is standard proof of school extract reflecting date of birth. PW4

a medical expert, who immediately examined victim, has noticed

multiple healed abrasions suggesting forceful act. In cross he denied

that there were no external injuries. Therefore, at this stage, there is

material indicating victim to be minor at the time of incident and

therefore this Court does not find there to be any merit in the

application. Numerous grounds are raised at this stage, as if appeal is

being worked out. However, at this stage, it is to be merely seen
CriAppln-443-2026

whether there are good prospects of acquittal. Taking into account the

nature of allegations and gravity of offence, this Court does not think

it to be a fit case to extent benefit of grant of bail by suspending the

sentence. Hence, following order is passed :

ORDER

I. The application is rejected.

II. Fees of learned counsel appointed to represent respondent no.2
to be paid by the High Court Legal Services Sub-Committee,
Aurangabad, as per Rules.

[ABHAY S. WAGHWASE, J.]

vre