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2022 Supreme(Bom) 1220

R.G.AVACHAT
Ajit @ Lalya Dilip Veer – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: S.J. Salunke.
For the Respondent: Mrs. G.L. Deshpande, Abhay Ostwal, Mohit Deoda.

JUDGMENT :

Both these appeals are being decided by this common judgment since they are interconnected.

2. The challenge in these appeals is to the judgment of conviction and resultant order of sentence passed by learned Special Judge, Osmanabad, in Special (POCSO) Case No. 22 of 2015. The details of the conviction and the quantum of sentence are as under :—

    Appellant Section Sentence In Criminal Appeal No. 329 of 2018 (Ajit) (i) Section 363 read with section 34 of Indian Penal Code. R.I. for five years and to pay fine of Rs.2,000/-, in default, to suffer R.I. for Six months. (ii) Section 366-A read with section 34 of Indian Penal Code. R.I. for five years and to pay fine of Rs.2,000/-, in default, to suffer R.I. for six months. (iii) Section 376(2)(i), (n) of Indian Penal Code. R.I. for ten years and to pay fine of Rs.50,000/-, in default, to suffer R.I. for two years. (iv) Sections 4 and 10 of POCSO Act No separate sentence In Criminal Appeal No. 282 of 2019 (Shailesh) (i) Section 363 read with section 34 of Indian Penal Code. R.I. for five years and to pay fine of Rs.2,000/-, in default, to suffer R.I. for Six months. (ii) Section 366-A read with section 34 of Indian Penal Code. R.I

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