CriAppln-2191-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2191 OF 2026 IN CRIMINAL APPEAL NO.454 OF 2026 Shyam s/o Shankar Jadhav Age: 28 years, Occu.: Education, R/o. Rahera Tanda, Tq. Ghansawangi, District Jalna. .. Applicant Versus The State of Maharashtra Through Police Inspector, Karmad Police Station, District Chh. Sambhajinagar .. Respondent ... Mr. Pratik A. Bhosle, Advocate for applicant. Mrs. A. S. Mantri, APP for respondent/State. ... CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 24.08.2026 PRONOUNCED ON : 25.08.2026 ORDER :- 1. Instant application is for suspension of sentence awarded by learned Additional Sessions Judge, Chhatrapati Sambhajinagar in Sessions Case No.181 of 2022 for offence under Section 376(2)(f), 506 of the Indian Penal Code [IPC] and equally, prayer is raised for grant of bail also. 2026:BHC-AUG:38431 CriAppln-2191-2026 -2- 2. In support of relief of suspension of sentence, learned Counsel for applicant submits that there is false implication. That, learned Trial Court has not considered the evidence in its correct perspective. That, sole testimony of victim has been relied even when there was no sufficient corroboration from medical corner. That, there was no evidence of forceful rape or signs of resistance and, therefore, possibility of consensual act cannot be ruled out. According to him, victim was old, full-grown lady and accused was her relative. There are allegations that in absence of husband, there was physical contact. That, applicant was on bail during trial and as appeal being of 2026 and there being no chances of hearing the appeal in near future, relief of suspension of sentence is urged for. 3. Learned APP opposed the application on the ground that serious offence of rape is proved to be committed and, therefore, considering the gravity of offence, application is sought to be rejected. 4. Heard. Perused the papers. It is emerging that PW1 victim deposed at Exhibit-14 that accused is her maternal cousin. That, on 04.02.2021 when her husband left for work at 8.30 a.m., while she was collecting clothes in the bathroom, accused came and caught her and, therefore, she called her daughter, who was playing outside. She claims that she was taken inside the bathroom and from there he CriAppln-2191-2026 -3- himself answered the call of daughter saying that mother is not at home. The victim tried to flee, but when she fell at the doors of the bathroom she claims that he undressed her and committed sexual assault on her. He took the daughter of victim on his motorcycle and while going, he issued threats to throw her daughter from the motorcycle. She duly informed her husband on phone and then approached police station and gave complaint Exhibit-15, on the basis of which crime seems to be registered. She has faced cross-examination, wherein omissions have been brought to the extent of she being gagged and about threats issued by accused to throw her daughter from motorcycle. So much is the only cross-examination. 5. PW2 is the husband of victim and he deposed about receiving phone call from wife on the point of she being sexually ravished by accused. 6. PW4 is the medical expert. Medico Legal Examination report placed on record is primarily relied now to show that there are no signs of resistance or fresh injury. However, at this stage, it is not open for this Court to appreciate the evidence on the ground that there is no corroboration. On full-fledged trial, conviction has been recorded. At this stage it is to be only seen whether there are grounds CriAppln-2191-2026 -4- on merits to suspend the sentence. 7. Not finding any convincing ground and taking into account the nature of charges proved, this Court is not inclined to grant the relief of suspension of sentence. Hence, the following order is passed :- ORDER . Criminal Application is rejected. [ABHAY S. WAGHWASE, J.] scm