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2021 Supreme(Bom) 1196

MANGESH S.PATIL
Ashok @ Bhaiyya – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Prakashsing B Patil, Advocate, S.N. Morampalle, Advocate, Kumar Gaurav M More, Advocate

JUDGMENT

Mangesh S Patil, J. - This is an appeal under Section 374 (2) of the Code of Criminal Procedure against conviction of the appellant for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") and under Sections 452 and 506 of the Indian Penal Code and sentencing him to punishments, the maximum of which is rigorous imprisonment for ten years and fine of Rs.35,000/-, in default simple imprisonment for one year for the offence punishable under Section 6 of the POCSO Act.

2. The criminal law was set in motion by the respondent No.2 (hereinafter referred to as "victim") stated to be of 16 years and three months old on the date of lodging of the FIR on 28.03.2017. She alleges that she has been residing with her parents, two brothers and grandmother at village Parsamal, Taluka Shindkheda, District Dhule. Her date of birth is 15.08.2001. Her parents alongwith one of her brothers had gone to Selamba on 19.03.2017. She alongwith her grandmother and another brother were at home at Parsamal. She then alleges that on 24.03.2017, during afternoon hours, her grandmother had taken her brother Akash for medi

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