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2020 Supreme(Bom) 818

S.S.SHINDE, M.S.KARNIK
Mohd Zakir Habib Khan – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Aniket Vagal, Advocate, F.R. Shaikh, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The court emphasized the importance of credible and reliable evidence in cases involving serious allegations, especially when the testimony of the victim is the primary evidence (!) (!) .

  2. The conviction under Sections 354, 376, and 504 of the IPC and Sections 4 and 8 of the POCSO Act was found to be unsustainable due to the unreliability of the victim's testimony and inconsistencies in her statements (!) (!) (!) .

  3. The court noted that the alleged incidents of sexual abuse purported to have occurred over several years, starting when the victim was around six years old, lacked corroborative evidence and were marred by discrepancies (!) (!) (!) (!) .

  4. The medical examination of the victim suggested she was approximately 17 to 18 years old at the time of the examination, and there was no conclusive evidence of recent sexual intercourse (!) (!) (!) .

  5. The court observed that the victim's version of continuous abuse from a young age was not consistent with her own admissions and the evidence on record, leading to doubts about the veracity of her claims (!) (!) (!) .

  6. Discrepancies in the victim’s statements regarding her knowledge of Rahul, her friendship, and her interactions with other individuals further undermined her credibility (!) (!) (!) (!) .

  7. The evidence suggested possible false implication of the appellant, potentially motivated by personal or familial disputes, especially considering the appellant's denial and the defense of false implication (!) (!) (!) .

  8. The court clarified that the POCSO Act’s provisions, particularly Section 6 concerning aggravated penetrative sexual assault, could only apply to acts committed after the Act's enactment date. Since the alleged incidents occurred prior to this date, the appellant could not be prosecuted under the POCSO Act for those acts (!) (!) (!) (!) .

  9. The court highlighted that the allegations did not meet the legal criteria for penetrative sexual assault under the POCSO Act, especially considering the nature of the alleged conduct on the specific date of the latest incident (!) (!) (!) .

  10. Ultimately, the court acquitted the appellant of all charges, quashed the conviction, and ordered the release of the appellant, refund of the fine amount, and execution of bail bonds (!) (!) (!) (!) (!) (!) (!) (!) (!) .

Please let me know if you need further analysis or specific legal advice regarding this case.


JUDGMENT

M.S. Karnik, J. - The appellant by this Appeal challenges the judgment rendered by the Special Court for the Protection of Children from Sexual Ofences Act, 2012, Greater Bombay (hereinafter referred to as 'the Special Court' for short) convicting the appellant for the ofences punishable under Sections 354 and 376d of the Indian Penal Code, 1860 ('IPC' for short) and Section 6 of the Protection of Children from Sexual Ofences Act, 2012 ('POCSO Act' for short). The appellant is sentenced to sufer R.I. for fve years and to pay a fne of Rs.5,000/-, in default of payment of fne, he is further sentenced to sufer R.I. for one week in respect of the ofence punishable under Section 354 of the IPC. The appellant is sentenced to sufer imprisonment for life and to pay a fne of Rs.50,000/-, in default of payment of fne, he is sentenced to sufer further R.I. for one year in respect of the ofence punishable under Section 376 of the IPC. The appellant is sentenced to sufer imprisonment for life and to pay a fne of Rs.50,000/-, in default of payment of fne, he is sentenced to sufer R.I. for one year in respect of the ofence punishable under Section 6 of the POCSO Act.

2. The prosecution ca

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