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2015 Supreme(Bom) 2256

A.R.JOSHI
John – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : B.A. Lawate, Adv.
For the Respondents: A.R. Patil, A.P.P.

JUDGMENT :

A.R. Joshi, J.

1. Heard learned counsel for the appellant and also heard learned APP for the State. This is an appeal preferred by the appellant-accused challenging his conviction for offence punishable under section 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act" and for offence under section 506 of IPC. For the offence under section 10 of the POCSO Act, he is sentenced to suffer RI for five years and to pay fine of Rs. 1000/-. For offence under section 506 of IPC he is sentenced to suffer RI for one year and to pay fine of Rs. 1000/-. As the trial Court had convicted the accused for aggravated sexual assault and awarded punishment under section 10 of the POCSO Act, no separate sentence was imposed under section 354 of IPC and also under section 8 of the POCSO Act.

2. The case of the prosecution is that in the afternoon of 21st April, 2013 when the prosecutrix girl, then aged about 8 years, had come out of her house for collecting some leaves of a tree for playing, the accused called her in his room and closed the door from inside. He made the girl to sit on Sofa by the side. Then he told her to take his penis in










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