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2020 Supreme(Bom) 1018

VIBHA KANKANWADI
Gopal – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Appellants :S.J. Salunke, M.P. Kale, Advocates.
For the Respondent: Vaishali Patil Jadhav, APP.

JUDGMENT :

1. Criminal Appeal No.249 of 2020 is filed by original accused No.1 and 2 and Appeal No.252 of 2020 is filed by original accused No.3; challenging their conviction by learned Special Judge, Majalgaon, Dist. Beed in Special (CHILD) Case No.06 of 2016, on 12-02-2020, for the offence punishable under Section 354-A of the Indian Penal Code and Section 363, 511 read with 34 of the Indian Penal Code and Section 8 of The Protection of Children from Sexual Offences (POCSO) Act, 2012. Accused No.2 has been held guilty for committing offence punishable under Section 363, 511 read with 34 of the Indian Penal Code with other two accused.

2. The prosecution had come with a case that, informant who is girl aged 16 lodged First Information Report (FIR) on 26-01-2016 stating that as it was Republic Day, she got up early and she along with her cousin sister started for their school at about 06.30 a.m. for Flag Hoisting. When they were at a distance of about 200 meters away from their school on Kherda to Ekdara road, they found that one white Indica car was parked by the side of the road. When they reached near that spot, it was 06.55 a.m. When she and her cousin were walking by the side of

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