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2021 Supreme(Bom) 1617

ANUJA PRABHUDESSAI
Abdulla Aniulhaq Ansari – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Aniket Vagal, Advocate, S.V. Gavand, Advocate, S. R. Nargolkar, Advocate

JUDGMENT

Anuja Prabhudessai, J. - This Appeal is directed against the judgment dated 10th October, 2019 in Special Case No. 211 of 2015. By the impugned judgment, the learned Addl. Sessions Judge & Special Judge, City Civil & Sessions Court, Borivali Division, Dindoshi, Mumbai has convicted the Appellant for offences under Section 376(2)(f) and 506 of Indian Penal Code and under Section 5 (n) r/w. Section 6 of Protection of Children from Sexual Offences Act (POCSO), and sentenced him to undergo

(i) rigorous imprisonment for 10 years and one of Rs.5000/-I.d. rigorous imprisonment for 3 months for offence under Section 376(2)(f) of IPC;

(ii) rigorous imprisonment for 10 years and fine of Rs.5000/- i.d. simple imprisonment for 3 months for offence under Section 5(n) r/w. 6 of POCSO Act; and

(iii) rigorous imprisonment for one year for offence under Section 506 of IPC.

2. The Appellant (hereinafter referred to as the Accused) is the father of the prosecutrix (PW2). The prosecutrix along with her siblings, parents and grand parents was residing at Zore Chawl, Mahatma Kabir Road, Vile Parle, Mumbai. Some time in the year 2013, the prosecutrix was housed in Dongri Bal Sudhar Griha in connectio

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