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2017 Supreme(Bom) 1090

V.L.ACHLIYA
Muskan w/o Shaikh Rashid @ Rafiq – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.G. Ladda, Mr. S.P. Tilve
For the State : Mr. K.S. Hoke Patil

JUDGMENT :

V.L. Achliya, J.

Being aggrieved by the Judgment and Order dated 28/10/2015 passed in Sessions Case No. 328/2014 by the learned Additional Sessions Judge, Aurangabad, the appellants have preferred these Appeals.

2. By the impugned Judgment, the appellant Ganesh @ Gorakh Tatyarao Jadhav [accused No. 1] has been convicted for the offence punishable u/s 376 of the Indian Penal Code and section 4 read with section 3 of the Protection of Children from Sexual Offences Act, 2012 [for short, 'POCSO Act'] and sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 2,000/- [Rupees Two Thousand]. The appellant Nos. 2 and 3 viz. Muskan w/o Shaikh Rashid @ Rafiq [accused No. 2] and Naziya Begum w/o Shaikh Afazal [accused No.3] were held guilty of offence punishable u/s 109 of the Indian Penal Code and section 17 of the POCSO Act and sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 2,000/- [Rupees Two Thousand] each. They were acquitted of the offences punishable u/ss 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.

3. Brief facts leading to filing the Appeals as unfolded during the trial are summarized as under.

[i] On 17/08/2014,







































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