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2018 Supreme(Bom) 2023

R.B.DEO
Amol – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: A.K. Bhangde, Adv.
For the Respondents: S.S. Doifode, Addl. P.P.

JUDGMENT :

R.B. DEO, J.

1. The appellant is assailing the judgment and order dated 21-11-2017 rendered by the learned Additional Sessions Judge, Gadchiroli in Special (POCSO) Case 2/2017, by and under which the appellant-accused is convicted for offence punishable under Section 354 of the Indian Penal Code ("IPC" for short) and is sentenced to suffer rigorous imprisonment for three years and to payment of fine of Rs. 2,500/- and is further convicted for offence punishable under Section 10 of the Protection of Children from Sexual Offences Act ("POCSO Act" for short) and is sentenced to suffer rigorous imprisonment for five years and to payment of fine of Rs. 2,500/-.

2. P.W. 1 victim was a 10th standard student of Government Ashram School at Bhadbhidi, Tahsil - Chamorshi, District - Gadchiroli. The accused was a Mathematic Teacher working on honorary basis. The incident occurred on 19-10-2016. It is not in dispute that the victim was answering the Hindi subject paper and the accused was the Invigilator. The version of the victim is that when she was answering the Hindi paper, the accused sat beside her and touched her breast. The victim assumed that the touch was accidental. The accu










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