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2016 Supreme(Bom) 1657

A.I.S.CHEEMA
Bhagwan, s/o Laxman Rakshe – Appellant
Versus
State of Maharashtra through Police Station, Beed Rural – Respondent


Advocates Appeared:
For the Appellant : Shgri Avishkar Shelke.
For the Respondent: Shri R.B. Bagul.

JUDGMENT :

A.I.S. Cheema, J.

The appellant – original accused No. 1 (hereinafter referred as "accused") faced prosecution before the Additional Sessions Judge, Beed in Sessions Case No. 116/2013. Along with him, one Annasaheb Bhagwat Gavhane was arrayed as accused No. 2. In the incident concerned, prosecution alleged involvement of one another juvenile in conflict with law - Dnyaneshwar Kamble. The accused No. 1 and 2 were charged with offence under Sections 363. 366-A, 376 read with Section 34 of the Indian Penal Code, 1860 (IPC in brief). By way of additional charge, the original accused No. 1 and 2 were charged with offence under Section 4 as well as Section 6 of the Protection of Children from Sexual Offences Act, 2012 ("Act" in brief). Accused No. 2 was additionally charged with offence under Section 16 of the Act. After the trial, the accused No. 2 came to be acquitted of the charges which were framed against him while the appellant – accused came to be convicted under Sections 363 and 366-A of the Indian Penal Code. For both these Sections, there is sentence of rigorous imprisonment for 5 years and to pay fine of Rs. 1000/-, and in default, to suffer simple imprisonment for on































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