24 ia 1817 of 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1817 OF 2026 IN CRIMINAL APPEAL NO.576 OF 2026 Ganesh Asaram Kale ... Applicant versus The State of Maharashtra and Anr. … Respondents Mr. Aniket Vagal, for Applicant. Smt. R.S.Tendulkar, APP for State. Mr. Ajay Talreja, Appointed Advocate for Respondent No.2. CORAM: N.J.JAMADAR, J. DATE : 17 SEPTEMBER 2026 ORDER : 1. Heard the learned Counsel for the parties. 2. This is an application for suspension of sentence and to enlarge the applicant on bail during the pendency of the appeal. 3. By a judgment and order dated 21 March 2025, the learned Special Judge has convicted the applicant for the offences punishable under Section 376(3) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced the applicant to suffer RI for a term of 20 years and pay a fine of Rs.20,000/-, with default stipulation. 4. The gravamen of indictment against the applicant is that, on the night of occurrence at about 11.00 p.m., while the victim, then 14 years of age, was on her way to a public toilet, the applicant-accused accosted her, put his hand on SSP 1/4 2026:BHC-AS:38135 24 ia 1817 of 2026.doc her mouth and forcibly took her behind Madhuban building and forced himself upon her. The accused threatened to repeat the act if the victim disclosed the same to any person. Thereafter, the accused took her to an autorikshaw and while she was crying in the autorikshaw, a boy, who was her relative, noticed her in that state. As the said boy and her mother approached towards rikshaw, the applicant fled away. 5. Mr. Vagal, learned Counsel for the Applicant, submitted that the medical evidence renders the testimony of the victim completely unreliable. Laying emphasis on the testimony of the Medical Officer (PW5), Mr. Vagal submitted that the victim has narrated an altogether different version before the Medical Officer. It was categorically deposed by the Medical Officer (PW5) that no history of peno vaginal / peno anal or other form of intercourse was given by the victim. The Medical Officer (PW5) went on to admit in her cross- examination that, she did not find any evidence of sexual assault. 6. Mr. Vagal would urge, had the applicant subjected the victim to aggravated penetrative sexual assault, as deposed to by the victim, there would have been evidence in the form of some injuries on the person of the victim. Thus, the applicant who has been in custody since 24 September 2019, deserves to be enlarged on bail. 7. Smt. Tendulkar, learned APP, countered the submissions on behalf of the applicant. It was submitted that the evidence of the victim cannot be SSP 2/4 24 ia 1817 of 2026.doc discarded on account of minor discrepancies in the narration before the Medical Officer. Smt. Tendulkar invited attention of the Court to the testimony of another Medical Officer who had examined the applicant and before whom the applicant narrated the history, which broadly corresponds with the prosecution case. 8. At this juncture, while considering the prayer for suspension of sentence, the Appellate Court is not expected to reappreciate the evidence. The Appellate Court is expected to examine whether prima facie the applicant has a fair chance of success in the appeal, and, whether eventually, the Court may render a finding of acquittal. It is impermissible to meticulously evaluate the evidence with a view to find out the lacunae, loopholes or shortcomings in the prosecution case. 9. Keeping the aforesaid broad principle in mind, if the material on record is appraised, the victim was forthright in asserting that the applicant had forcibly taken her behind Madhuban building and had forcible sexual intercourse. The Medical Officer (PW5), has, however, deposed that the victim had narrated that the accused took her inside the autorikshaw, pressed her mouth with his hand, kissed her and removed her pant / legging and touched his penis against her genitalia. 10. At this juncture, the aforesaid medical evidence cannot be said to be in complete dissonance with the version of the victim. The testimony of the SSP 3/4 24 ia 1817 of 2026.doc victim before the Court, prima facie, commands more weight. There appears corroboration to the testimony of the victim in the testimony of other witnesses and the circumstantial evidence, as the clothes the victim wore at the time of occurrence, were found to be stained with human blood. Thus, it cannot be said that the applicant has succeeded in demonstrating that the applicant has a strong chance of success in the appeal. 11. Resultantly, the Interim Application stands dismissed. 12. However, having regard to the period of sentence already undergone by the applicant, hearing of the appeal stands expedited. 13. Post the Appeal for hearing and final disposal on 29 October 2026. ( N.J.JAMADAR, J. ) SSP 4/4 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 18/09/2026 18:38:51