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2019 Supreme(Bom) 2009

MRIDULA BHATKAR
Aakaram Ganpati Patil – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Satyavrat Joshi, Advocate, for the Appellant; A.R. Patil, APP, for the Respondent/State; Pravin Jadhav, P.S.I., Shiralu Police Station present in the Court, for the Respondent

JUDGMENT

Mridula Bhatkar, J. - Rule. Rule made returnable forthwith. By consent, the Writ Petition is heard finally and decided at the stage of admission, as short issue is involved in this Petition.

2. This Writ Petition is directed against the order dated 12th September, 2018 passed by the learned Additional Sessions Judge, Islampur in Special Case (POSCO) No. 12 of 2017. The petitioner has filed an Application under section 216 of Code of Criminal Procedure, 1973 challenging that the charge for the offences under sections 366-A and 354-A of Indian Penal Code is groundless and therefore, it is to be deleted. The petitioner/accused is facing prosecution for the offences punishable under sections 366A, 354A and 506 of Indian Penal Code and under section 8 of Protection of Children from Sexual Offences, 2012. The said Application is rejected by the learned Additional Sessions Judge, Islampur below Exhibit 23 in Special Case (POSCO) No. 12 of 2017.

3. The learned counsel for the petitioner pointed out the statement of the prosecutrix so also the statements of other witnesses and has submitted that when the accused is prosecuted under section 8 of POSCO Act, there is no need to frame c

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