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2019 Supreme(Bom) 527

K.K.SONAWANE
Pandurang Narayan Jadhav – Appellant
Versus
State of Maharashtra Through Investigating Officer Police Station Chhawani, Aurangabad – Respondent


Advocates Appeared:
R.D. Bhalerao, Adv., D.S. Jape, Adv.

JUDGMENT :

K.K. Sonawane, J.

This appeal takes exception to the impugned Judgment and order of conviction and resultant sentence passed by the Special Judge (POCSO Act), Aurangabad in Sessions Case No. 368 of 2013, thereby convicting the present appellant for the offence punishable under Section 10 read with Section 9(f) of the Protection of Children From Sexual Offences Act, 2012 ("POCSO Act") and awarded the sentence of Rigorous Imprisonment for five years and to pay a fine of Rs.2000/- in default to suffer further Rigorous Imprisonment for two months. Being dissatisfied with the impugned finding of conviction and resultant sentence, the appellant taking recourse of remedy under section 374 of the Code of Criminal Procedure ("Cr.P.C.") approached to this Court for redressal.

2. The scenario of the prosecution case in short compass is that, the appellant was the teacher of "Sanskrit" subject and during the relevant period of incident in the year 2013, he was employed in the school known as "Onkar Vidyalaya" located at Vanjarwadi, Aurangabad. The prosecutrix girl, her cousin brother Parmeshwar, resident of village Karodi" Ta. and District Aurangabad, were taking education in the appel




































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