LAXMAN RADHAKISAN KAMBLEversusSTATE OF MAHARASHTRA AND ANR

            Digitally signed by
SMITA       SMITA JOHNSON
JOHNSON     GONSALVES
GONSALVES   Date: 2026.08.25
            18:57:58 +0530




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                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                              INTERIM APPLICATION NO. 1926 OF 2026
                                                              IN
                                                 CRIMINAL APPEAL NO.494 OF 2026

                                  Laxman Radhakisan Kamble                    .. Applicant
                                          Versus
                                  The State of Maharashtra And Anr.     .. Respondents
                                                               …
                                  Mr. Amol A. Shinde, a/w. Ms. Jayashree G. Gayawal, for the
                                  Applicant.

                                  Mr. Tanveer Khan, APP, for the Respondent-State.

                                  Mr. Sanjay Prabhala, for the Original Complainant.
                                                                 ...
                                                   CORAM: BHARATI DANGRE &
                                                               ASHISH S. CHAVAN, JJ.

                                                      DATED: 24th AUGUST, 2026

                                  P.C:-
                                  1.       This is an Application seeking suspension of the sentence

                                  imposed by the learned Special Judge, Nashik, vide Judgment

                                  and Order dated 12.02.2026 along with a prayer for grant of

                                  bail.

                                  2.       The Applicant is the solitary accused who was arraigned

                                  for offences punishable under Sections 137(2), 64(2), 65(1),

                                  351(2)(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4, 6,
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8 and 12 of the Protection of Children from Sexual Offences

Act, 2012 (POCSO). The present Applicant was convicted for

the aforesaid offences and sentenced to suffer rigorous

imprisonment for life and to pay fine of Rs.1,00,000/-, in default

of which, he was sentenced to suffer simple imprisonment for

one year. The Applicant was acquitted of the offence punishable

under Sections 137(2) and 351 (2)(3) of the Bhartiya Nyaya

Sanhita, 2023.

3.       Aggrieved by the aforesaid conviction, the Applicant has

separately preferred Criminal Appeal No.494 of 2026, which

was admitted by this Court vide its order dated 22.06.2026.

4.        Heard Mr. Amol A. Shinde, learned counsel for the

Applicant, Mr. Tanveer Khan, learned APP for the Respondent-

State and Mr. Sanjay Prabhala, for the Original Complainant.

Perused the Interim Application and the Memo of Appeal.

5.       The case of the prosecution in a nutshell is that, the

Applicant is the husband of the informant. The victim is the

sister of the informant. At the relevant time, she was aged 15

years.     She was staying at the house of the informant.        On
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02.10.2024, at about 2.00 p.m., the Applicant took the victim

and his son to bring vegetables. They did not return till 6.00

p.m. The informant received a phone call from her sister-in-law

to take her son, who was left in the house of the brother of the

Applicant. Victim did not return home. Informant contacted all

her relatives but could not find the victim. The Applicant also

was not at home. His clothes and aadhar card were also not in

the house. On 04.10.2024, the informant lodged a complaint at

Indira Nagar Police Station against the Applicant accusing him of

kidnapping the victim (her sister).        On 13.10.2024, the

Applicant returned with the victim girl. Victim disclosed that the

Applicant had subjected her to forcible sexual relations time to

time. The Applicant also threatened the victim that if she

discloses the same to anyone, then the marriage between him

and her sister will be jeopardised. Victim was sent for medical

examination. Her statement was recorded by police and learned

Magistrate. She was medically examined.           Applicant was

arrested. His medical examination was conducted. Panchanamas

were prepared. Statements of witnesses were recorded. School

leaving certificate of the victim was obtained. On culmination of
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investigation, a charge-sheet was filed against the Applicant for

the aforesaid offences. Since the Applicant pleaded not guilty,

and claimed to be tried, the prosecution examined as many as

eight witnesses during the trial. The defence of the Applicant is

that his wife has falsely implicated him since she was having

illicit relations.

6.     On behalf of the Applicant, it was contended that the

prosecution has not established the age of the victim. No bone

ossification test was done. The trial Court has relied on the

admission form and entry in the general register of Matoshri

Savitribai Phule Primary School, Nashik, as proof of birth of the

victim. However, the admission form was based on an affidavit

which was false.     It was also contended that the charge of

kidnapping against the Applicant was not proved and in the light

of the acquittal of the Applicant for the offence of kidnapping,

the offence for rape and aggravated sexual assault under POCSO

Act would not be sustained. It was also urged that there are

several omissions and contradictions in the testimony of the

victim which falsify the case of the prosecution. Lastly, it was

argued that since the Applicant is in custody since last two years,
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he deserves to be enlarged on bail.

7.     Learned APP Mr. Khan opposed the grant of bail by

inviting our attention to the testimony of the informant and the

victim which corroborate with each other. He submits that the

testimony of the victim establishes that even prior to being taken

away by the Applicant, she was subjected to sexual assault by

him in the house of her sister, when her sister was not there. He

contends that the age of the victim is conclusively established by

the testimony of the headmaster of the concerned school. The

medical evidence is also in consonance with the allegation of

rape and penetrative sexual assault.

8.    A perusal of the record indicates that the evidence against

the Applicant rests on the testimony of the victim, her sister,

medical evidence and proof of age of the victim to bring her

within the purview of the offence under POCSO. The informant

has deposed that prior to her being taken away by the Applicant,

he had committed sexual assault on her forcibly on three to four

occasions in the house of her sister (informant). She has deposed

about how the Applicant where again he subjected her to
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penetrative sexual intercourse when he had forcibly taken her

away from her house.         Although she was cross-examined

extensively, there are no significant omissions or improvements

that the defence has elicited contradicting her prior statements

which erode her credibility.         The evidence of the PW

No.1(informant), who is the sister of the victim also corroborates

the evidence of PW No.2. The fact of being subjected to sexual

assaulted by the Applicant was narrated to PW. No. 1 by PW

No.2. There are no significant omissions or contradictions of

the PW No.2 qua her prior statement to the police and to the

Magistrate. The doctor who examined victim on 14.10.2024,

opines that her hymen was torn. Although the learned Counsel

for the Applicant has sought to make capital out of the fact that

the opinion of the doctor suggests that there was no fresh injury

on her external genitals, and hence, the assault was not forcible.

Insofar as the medical examination is concerned, the absence of

any fresh injury on the external genitals of the victim girl is of no

consequence in the light of the oral evidence of the victim and

the proof of her age along with the presumptions under the

POCSO Act. Even otherwise, the victim girl left the house on
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2nd October and came back 10 to 12 days later. Her medical

examination was conducted on 14.10.2024.               As per her

deposition, she was assaulted sexually on multiple occasions by

the Applicant from 2nd October onwards and hence the absence

of fresh injury per se would not diminish the credibility of the

victim’s evidence in any manner. The headmaster of Matoshree

Savitribai Phule Primary School, Nashik, was examined as PW

No.4.     He deposes that the date of birth of the victim is

15.08.2009 on the admission form. It corroborates the entry in

the general register and school leaving certificate.              This

establishes the age of the victim.   It is pertinent to note that the

spot panchanama of the spot where the sexual assault took place

was admitted by the defence.

9.      In the wake of the aforesaid facts, circumstances and

discussion, this is not a fit case for grant of bail pending Appeal

to the Applicant. Resultantly, Interim Application No. 1926 of

2026 is dismissed, pending the appeal.



(ASHISH S. CHAVAN, J.)                   (BHARATI DANGRE, J.)