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2022 Supreme(Bom) 395

V.M.DESHPANDE, G.A.SANAP
Dnyaba @ Dnyaneshwar s/o Gyanuji Tajne – Appellant
Versus
State of Maharashtra, Through Police Station Officer, Police Station Shirpur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Smt. S.P. Deshpande, Advocate (Appointed)
For the Respondent: Shri T.A. Mirza, A.P.P.

JUDGMENT :

G.A. SANAP, J.

1. In this appeal challenge is to the judgment and order dated 28.12.2017, passed by the learned Additional Sessions Judge, Washim in Special Child Case No.72/2016, whereby the learned Judge has convicted the appellant for the offence punishable under Section 376[2][f], [n] of the Indian Penal Code and for the offence punishable under Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POSCO Act’), and sentenced him to suffer imprisonment for life and to pay fine of Rs.10,000/-, in default of payment of fine, he is ordered to suffer rigorous imprisonment for 6 months. No separate sentence is awarded under Section 6 of the POSCO Act.

2. The facts leading to the appeal are as follows.

The name of victim is masked to conceal her identity. The victim is the informant. The appellant is the father of the victim. It is the case of the prosecution that on the date of commission of offence, the victim was below 18 years of age. The victim used to reside with the appellant, her mother and other siblings at village Belkhed, Taluq Risod, District Washim. The family is doing labour work, which is the source of their li

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