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2018 Supreme(Bom) 1675

V.M.DESHPANDE
Dilip S/o Jaglal Warkhede – Appellant
Versus
State of Maharashtra, Through P. S. O. Police Station Jaripatka – Respondent


Advocates Appeared:
For the Appellant : Shri L.B. Khergade.
For the Respondent: Shri M.K. Pathan.

JUDGMENT :

V.M. DESHPANDE, J.

1. By the present appeal, the appellant is challenging judgment and order of conviction dated 23.5.2017 passed by learned Special Judge (POCSO Act) and Additional Sessions Judge, Nagpur in Special Criminal Case No. 85/2014.

2. By the impugned judgment and order of conviction, the appellant (hereinafter referred to as “the accused” for the sake of brevity) is convicted for offences punishable under Sections 323, 363 and 377 of the Indian Penal Code and under Section 4 of the Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for the sake of brevity). Sentences awarded to the accused were of 6 months, 3 years and 5 years along with different fine amount on each count. Learned Judge of the Court below also directed that all the sentences to run concurrently.

3. I have heard learned counsel Shri L.B. Khergade for the accused and learned Additional Public Prosecutor Shri M.K. Pathan for the respondent/State. Both learned counsel took me through in detail notes of evidence of prosecution witnesses and other relevant documents available in paper-book as well as in record and proceedings.

4. According to learned counse

































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