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2021 Supreme(Bom) 1212

NITIN JAMDAR, C.V.BHADANG
Kesarinandan Sabhapati Upadhyay – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Anjali Patil, Advocate, Mallika Sharma, Advocate, Prajakta P.Shinde, Advocate, Megha S.Bajoria, Advocate

JUDGMENT

NITIN JAMDAR,J. - The learned Special Judge, Greater Mumbai, by judgment and order dated 15 June 2017, has convicted the Appellant under the offences punishable under the Protection of Children from Sexual Offences Act, 2012 and has sentenced him to suffer imprisonment for life. Being aggrieved, the Appellant has filed this criminal appeal.

2. The grandmother of the survivor child (the child) resided at Bhandup (W), Mumbai. Her daughter and four-year-old granddaughter were residing with her as her son-in-law (father of the child) was missing since an accident. Her daughter was working in a mall, and her granddaughter was studying in a school at Bhandup. She used to drop her granddaughter at the school and used to bring her back. The school timing was from 1.00 p.m. to 5.30 p.m. On 9 December 2014, when she picked the child from the school, her hair was disheveled, and her clothes were in disarray. When the grandmother asked, the child told her that Chhote Sir in the school took her to the toilet and inserted his penis in her private part and navel and her mouth, licked her private parts, and she was not able to urinate. The child complained of stomach pain. The child did no

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