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2018 Supreme(Bom) 1232

K.L.WADANE
Hanumant s/o Buwasaheb Deshmukh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A. A. Nimbalkar, Advocate
For the Respondent: Mr. Y. G. Gujrathi, APP

JUDGMENT :

1. This Appeal is preferred by the Appellants-original accused who has been convicted by the learned Special Judge, Ambajogai in Special Case No. 06 of 2016, for the offence punishable under section 450 of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs.1000/- and for the offence punishable under section 354A IPC and sentenced to suffer R.I. for two years and to pay fine of Rs.2000/-. The appellant/accused is further convicted under sections 8 of the Protection of Children from Sexual Offences Act (POCSO Act) and sentenced to suffer R. I. for three years and to pay fine of Rs.2000/-. All the sentences are to run concurrently.

2. PW2 namely Balu Gade, father of the victim (minor girl) lodged complaint to the police station on 06.03.2016 alleging that on 13.02.2016, when the victim was alone in the house of his brother-Aba Gade, at about 1.00 p.m, accused Hanumant gave a chocolate to the victim and inserted his finger into her vagina. Victim disclosed this fact to her father-PW2. However, so as to avoid defamation in the society, PW2 contacted other witnesses/villagers, went to the accused and enquired about the
































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