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2018 Supreme(Bom) 185

S.B.SHUKRE
Amit – Appellant
Versus
State of Maharashtra, Through Police Station Officer – Respondent


Advocates Appeared:
For the Appellant :Prashant Kawale, Advocate.
For the Respondent: A.V. Palshikar, Addl. Public Prosecutor.

JUDGMENT :

1. This appeal questions the legality and correctness of the judgment and order dated 29th November, 2017, rendered in Special Child Case No.231/2015 by the Special Judge and Additional Sessions Judge, Nagpur.

2. By the judgment and order impugned herein, the appellant has been found guilty of the offences punishable under Section 376(2)(n) of the Indian Penal Code (in short, “I.P.C.”) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short, “PoCSO Act”) and sentenced to suffer rigorous imprisonment of ten years and to pay fine of Rs.2,000/with default sentence of two months.

3. According to the prosecution, there was a love affair going on between the appellant and the prosecutrix since August, 2014 till before filing of the F.I.R. The F.I.R. was filed against the appellant by the prosecutrix on 31.8.2015. She complained that the appellant lured her into having sexual relations with him by giving her a false promise of marriage. She stated in the oral report that her date of birth was 12.3.1998. She also alleged that the physical intimacy between herself and the appellant was in existence since August 2014 and continued a few days before filing
























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