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2021 Supreme(Bom) 818

REVATI MOHITE DERE
Jitendra Rajmohan Mazi – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Nasreen Sajid Khalique Ayubi, Advocate, P.H. Gaikwad-Patil, Advocate

JUDGMENT

Revati Mohite Dere, J. - By this appeal, the appellant has impugned the judgment and order dated 21st November 2016, passed by the learned Special Judge, Sindhudurg at Oros in Special Case No.44 of 2015, convicting and sentencing him as under:

- for the offence punishable under Section 376(2)(i) of the Indian Penal Code r/w Sections 4, 6 and 8 of Protection of Children from Sexual Offences Act, to suffer rigorous imprisonment for 12 years and to pay a fine of Rs.10,000/-, in default of payment of fine, to suffer further rigorous imprisonment for 1 year;

- for the offence punishable under Sections 363 and 366 of the Indian Penal Code, to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.500/-, in default of payment of fine, to suffer further rigorous imprisonment for 50 days.

- for the offence punishable under Section 506(2) of the Indian Penal Code, to suffer rigorous imprisonment for 1 year and to pay a fine of Rs.500/-, in default of payment of fine, to suffer further rigorous imprisonment for 50 days.

All the aforesaid sentences were directed to run concurrently.

2. In the intervening night of 30th September 2015 and 1st October 2015, PW 1-'X' (minor girl aged

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