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2018 Supreme(Bom) 1671

V.M.DESHPANDE
Samadhan Kashiram Khirodkar – Appellant
Versus
State of Maharashtra, through Police Inspector, Police Station, Jalgaon – Respondent


Advocates Appeared:
For the Appellant : Mr. R.R. Vyas.
For the Respondent: Mrs. S.V. Kolhe.

JUDGMENT :

V.M. DESHPANDE, J.

1. By the present appeal, appellant-Samadhan is challenging the judgment and order of conviction passed by Ad hoc Additional Sessions Judge, Khamgaon, District Buldhana in Sessions Trial No. 92/2015 whereby the appellant is convicted for the offence punishable under Section 376 (2) (i) and (n) of the Indian Penal Code and also under Section 6 of the Protection of Children From Sexual Offences Act, 2012. The appellant is sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/- and in default of payment of fine to suffer rigorous imprisonment for one month.

2. I have heard Mr. R.R. Vyas, learned counsel for the appellant and Mrs. Kolhe, learned A.P.P. for the State in extenso. They took me through the record and proceedings minutely. According to the submissions of the learned counsel for the appellant, the appellant is falsely implicated in the crime. It is also his submission that possibility of tutoring of the victim by her mother Uma Wadode (PW-2) cannot be completely ruled out. It is also his submission which is based on the answers given by the appellant when his statement under Section 313 of the Code of Criminal Proced































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