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2019 Supreme(Bom) 894

SADHANA S.JADHAV
Imran Shamim Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Ms. Nasareen Ayubi, advocate
For the Respondent: Mr. S.S. Pednekar, APP.

JUDGMENT :

1. The appellant herein is convicted for the offence punishable under section 6 of the Protection of Children from Sexual Offences Act, 2012 and is sentenced to suffer R.I. for 10 years and to pay fine of Rs. 2000/- in default to suffer S.I. for 15 days. The appellant is also convicted for the offence punishable under section 506(II) of the Indian Penal Code and is sentenced to suffer R.I. for 1 year and to pay fine of Rs. 500/- I.d. to suffer further S.I. for 7 days by the Special Judge under POCSO Act, Gr. Bombay passed in Sessions Case No. 923 of 2013 vide Judgment and Order dated 27/11/2014. Hence, this appeal.

2. Such of the facts necessary for the decision of this appeal are as follows :

(i) It is the case of the prosecution that on 20/7/2013 one Mrs. Meena Fernandes lodged a complaint at the police station alleging therein that her grand-daughter i.e. victim studying in 3rd standard was residing with her and attending school.

(ii) On 19/7/2013 her mother had been to take the victim to her house, but the victim refused. Upon query made by the first informant, she disclosed that 8 days prior, she was sexually assaulted by Imran who was residing near the house of her pat

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