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2022 Supreme(Bom) 292

V. M. DESHPANDE, G. A. SANAP
Amol @ Ratan Pralhadrao Tayade – Appellant
Versus
State of Maharashtra, Through Police Station Officer, Police Station MIDC – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri U. J. Deshpande, Advocate
For the Respondent: Mrs. Mrunal Barabde, Additional Public Prosecutor

JUDGMENT :

G. A. Sanap, J.

1. In this appeal, challenge is to the Judgment and order dated 07/09/2017 passed by the learned Additional Sessions Judge, Akola, whereby the learned Additional Sessions Judge convicted the appellant for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (For short, "POCSO Act") and under Section 376 (2) (f) of the Indian Penal Code (For short, "IPC") and sentenced the appellant to undergo imprisonment for life and to pay fine of Rs.10,000/-(Rs. Ten Thousand) and in default of fine, to suffer simple imprisonment for 3 months. No separate sentence was awarded under Section 376 (2)(f) of the IPC in view of the mandate of Section 42 of the POSCO Act.

The facts are as follows :

2. In order hide identity of the victim, her name is masked. She would be referred to as victim in the Judgment. The victim lodged a report on 16/04/2016 at MIDC Police Station, Akola. The victim is sister of wife of the accused. It is the case of the prosecution that on the date of commission of offence, the victim was 17 years old. The accused with his wife was residing at village Shivar. The accused brought the victim her mother and othe

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