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2021 Supreme(Bom) 691

RAVINDRA V.GHUGE, B.U.DEBADWAR
State of Maharashtra – Appellant
Versus
Vishnu – Respondent


Advocates appeared:
S.D. Ghayal, Advocate, Sudarshan J Salunke, Advocate

JUDGMENT

Ravindra V. Ghuge, J. - The accused in Special Case (POCSO) No. 02/2017, Shri. Vishnu Madan Gore, has been convicted for having committed the offence punishable u/s 376-A and Section 302 of the INDIAN PENAL CODE along with Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO' Act). He has also been held guilty of committing the offence punishable u/s 201, 363 and 364 of the IPC. He has been awarded the sentence of hanging by the neck till he is dead u/s 354(5) of the Code of Criminal Procedure. As such, the trial Court has forwarded the said case under Section 363 of the Code of Criminal Procedure for confirmation, to this Court. So also, the accused has preferred Criminal Appeal No. 402 of 2020 praying for quashing the impugned Judgment and, consequentially, for acquittal.

2. The case put forth by the prosecution against the accused, is as follows : -

[a] The informant is PW1 - Prabhakar Shamrao Gaiwal, who is the grandfather of the deceased minor victim girl, who was aged about 5 years. Her name is not set out in this order. The informant had three sons and three married daughters. His elder son Sham, who is the b

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