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2015 Supreme(Bom) 2479

M.T.JOSHI
Damodar Pratapram Jangid – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :V.D. Hon, Sr. Advocate and A.V. Hon, Advocate
For the Respondents: S.R. Palnitkar, A.P.P.

JUDGMENT :

M.T. Joshi, J.

1. Heard both sides.

2. Aggrieved by the recording of the conviction by the learned Special Judge, Latur, vide judgment and order dated 30/07/2014 passed in Special Case (POCSO Act) No. 7 of 2013 for the offences punishable under section 376 of the Indian Penal Code and under section 4of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") and sentence to undergo rigorous imprisonment for 10 years on these counts and also of conviction for the offence punishable under section 506 of the Indian Penal Code and sentence to suffer rigorous imprisonment for 1 year, with direction to pay fine amount and with further direction to run the substantive sentences concurrently, the present appeal is preferred.

3. The prosecution case in short, is as under :-

That the victim P.W. 3, a 15 years old girl was subjected to forcible sexual intercourse by the present appellant in his own house in the night between 10/4/2013 and 11/4/2013. The F.I.R. regarding the same was filed by the mother of the victim P.W. 1 on 12/4/2013.

Admittedly, during the relevant period, the appellant with his family members consisting of his wife and son named as Shankar, w













































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