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2021 Supreme(Bom) 426

REVATI MOHITE DERE
SAYYAD CHAND AGASAPURE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
For the Appellant : Deepak C. Natu instructed by N. Deepak and Co.
For the Respondent-State: S. V. Gavand, A.P.P.

JUDGMENT :

By this appeal, the appellant has impugned the judgment and order dated 4th August 2017 passed by the Learned Additional Sessions Judge, Solapur, in Sessions Case No. 185 of 2016, by which the appellant was convicted and sentenced as under :—

    for the offence punishable under Section 376 (2)(i), (n) of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012, to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/, in default of payment of fine, to undergo further simple imprisonment for one year;

- out of the said amount of fine, an amount of Rs. 3,000/was directed to be paid to the victim as compensation.

2. The prosecution case in brief is as under:—

    The prosecutrix, a minor girl, aged 13 years (hereinafter referred to as ‘X’), was residing at Solapur with her mother in her maternal uncle’s house, at the relevant time. The complainant (PW2), the father of ‘X’, was residing at Osmanabad and would come to Solapur to meet his wife and children including ‘X’. According to the complainant (PW2), when he visited Solapur on 10th March 2016, to meet his wife and children, ‘X’ complained of stomach ache, pursuant t

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