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2018 Supreme(Bom) 858

MANISH PITALE
Navin Dhaniram Baraiye – Appellant
Versus
State of Maharashtra, through P. S. O. , P. S. Ajni, District Nagpur – Respondent


Advocates Appeared:
For the Appellant :Mr. R.P. Joshi, Advocate.
For the Respondent: Mrs. Geeta Tiwari, A.P.P.

JUDGMENT :

1. The appellant herein has challenged his conviction under Section 377 of the Indian Penal Code (IPC) read with Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentence of rigorous imprisonment of 7 years and fine of Rs.5000/- imposed upon him by the impugned judgment and order dated 29.07.2017 passed by the Court of Additional Sessions Judge, Nagpur (trial Court) in Special POCSO Case No. 218/2016.

2. The prosecution case is that the complainant Sarika (PW1) lodged a report against the appellant in Police Station on 18.06.2016 stating that on the same day when she was watching television at home at about 4 p.m., her son (one of the victims and hereinafter referred to as “victim no.1”) had gone to her sister’s adjoining house for playing. When she went there, she found that her son was playing with his friend (the other victim in the present case and hereinafter referred to as “victim no.2”), who was the son of the neighbor Bharti (PW3). It was claimed that when the complainant PW1 went again to see her son, upon opening the door she found that her son was lying on the bed with his pant down and that his aforesaid friend was s































































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