After hearing both the parties and examining the evidence on record, Justice Naik observed that the report of the medical officer was not conclusive.
He added that evidence given by the police constable who recorded the survivor’s statement was contrary to evidence provided by other witnesses.
She had deposed that the boy did not know the accused by name and only identified him by his face at the police station after his medical examination. Naik mused how the accused was present at the police station.
Therefore, opining that a case for suspension of sentence and bail was made out, the single-judge suspended the accused’s sentence and released him on bail on executing a bail bond of ₹25,000 with at least one surety of like amount.
The applicant has to attend the trial court once in six months on the first Saturday of each month till the final disposal of his appeal against the special court verdict.
Source: Barandbench
