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2022 Supreme(Bom) 221

SADHANA S.JADHAV, PRITHVIRAJ K.CHAVAN
Ramesh Tukaram Vavekar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Aashay Topiwala i/b Mrs. Anjali Patil, Advocate
For the Respondent: Ms S.V. Sonawane, APP.
Ms Priya Patil, Appointed Advocate by Court for victim.

JUDGMENT :

Prithviraj K.Chavan, J.

1. Challenge in this appeal is to the judgment and order of conviction and sentence rendered by the Special Judge, Greater Bombay under the Protection of Children from Sexual Offences Act, 2012, (for short ‘POCSO Act’) in POCSO Special Case No.8 of 2016 dated 26.09.2018 by which, the appellant has been convicted and sentenced as under;

    1. Accused Ramesh Tukaram Vavekar is hereby convicted u/s 235 (2) of the Code of Criminal Procedure for the offence punishable u/s 4 of the Protection of Children from Sexual Offences Act, 2012. He is sentenced to suffer imprisonment for life and shall pay a fine of Rs.2,000/- (Rupees Two Thousand only), in default of payment of fine, he shall undergo simple imprisonment for one (1) month.

2. Accused Ramesh Tukaram Vavekar is punished u/s 4 of the Protection of Children from Sexual Offences Act, 2012, there is no need to punish him separately for the offence punishable u/s 376 of the Indian Penal Code, 1860 as per the provisions u/s 42 of the Protection of Children from Sexual Offences Act, 2012.

3. Set off of the period of detention already undergone by the accused be given to him as per Section 428 of the Code of Crimi

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