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2021 Supreme(Bom) 1268

ANUJA PRABHUDESSAI
Janardan Pandurang Kapse – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Ravindra L. Chalke, Sanjay Kape, for the Appellant, Mr. S.V. Gavand, for the Respondent.

JUDGMENT

1. This is an appeal under Section 374 of Cr.P.C. directed against the judgment dated 15.05.2019 passed by Addl. Sessions Judge, Thane in Special Case (POCSO) No. 61 of 2018. By the impugned judgment, the learned Judge has held the Appellant guilty of offences punishable under Section 376 and 354(A)(1)(i) of the Indian Penal Code and Section 4 and 8 of Protection of Children from Sexual Offences Act, 2012, and has sentenced him as under:

(i) Rigorous imprisonment for seven years and fine of Rs.5000/- i.d. to suffer rigorous imprisonment for six months for offence punishable under Section 376 IPC.

(ii) Rigorous imprisonment for three years and fine of Rs.5000/- i.d. to suffer rigorous imprisonment for six months for offence punishable under Section 354(1) (A) IPC.

(iii) Rigorous imprisonment for seven years and fine of Rs.5000/- i.d. to suffer rigorous imprisonment for six months for offence punishable under Section 4 of POCSO Act, 2012

(iv) Rigorous imprisonment for seven years and fine of Rs.5000/- i.d. to suffer rigorous imprisonment for six months for offence punishable under Section 8 of POCSO Act, 2012.

2. The crime against the Appellant was registered pursuant to the Fir

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