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2018 Supreme(Bom) 980

MANISH PITALE
Ramprasad s/o Fagulal Amdare – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.Z. Gharde, Adv.
For the Respondent: Mr. Vishal Gangane, Adv.

JUDGMENT :

This is an appeal arising out of conviction and sentence imposed against the appellant under the provisions of the Prevention of Children from Sexual Offences Act (POCSO).

2. The appellant is the maternal uncle of the mother of the prosecutrix and the accused and the prosecutrix are related to each other. By the impugned judgment and order dated 28.07.2017, the Court of Special Judge, POCSO Act and Additional Sessions Judge-1, Nagpur (Trial Court) has held in Special Child Protection Case No.151 of 2014 that the appellant did commit offence under Section 6 read with Section 5(n) of the POCSO Act and thereby sentenced him to suffer rigorous imprisonment for ten years and to pay fine of Rs.5000/.

3. As per the prosecution case, the incident occurred on 23.07.2014 at about 10.00 a.m. when the prosecutrix went to the house of the appellant (accused). The said house was adjacent to the house of the prosecutrix and the prosecutrix had allegedly gone there for bringing vegetables. But, when the prosecutrix went inside the house, the appellant suddenly caught hold of her hand, pressed her mouth, dragged her inside the house and then took her into the store room where he forcibly in




































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