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2016 Supreme(Bom) 2015

B.R.GAVAI, V.M.DESHPANDE
Ravi Anandrao Gurpude – Appellant
Versus
State of Maharashtra, through PSO P. S. Bhisi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.M. Daga
For the Respondent/State: Mr. N.B. Jawade

JUDGMENT :

V.M. Deshpande, J.

The appellant is convicted for the offence punishable under Section 3 (a) punishable under Section 4 and for the offence under Section 5 (j) (ii) and 5 (l) punishable under Section 6 of the Protection of Children From Sexual Offences Act, 2012, by the learned Special Judge, Warora on 21.04.2014 in Special (POCSO) Case No. 2/2013 and directed that the appellant shall suffer imprisonment for life and pay a fine of Rs. 5,000/- and in default to undergo rigorous imprisonment for six months. The appellant is further convicted for the offence punishable under Section 506 of the IPC and sentenced to suffer rigorous imprisonment for one year.

2. The prosecution case as it is unfolded during the course of trial is narrated hereunder:

(a) On 09.09.2013, Siddhanand Mandavkar (PW7) was discharging his duties as Police Inspector at Police Station, Bhisi. On the said day at 2.00 p.m. the prosecutrix along with her father Bhagwan Gongal (PW5) came to Police Station. The prosecutrix lodged her oral report. It was reduced into writing as per her say. The oral report is at Exh.52.

On the basis of the said, Siddhanand (PW7), registered the offence against the appellant vide C












































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