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2022 Supreme(Bom) 857

A.S.GADKARI
Royston Xavier Parera – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Manisha A. Devkar
For the Respondent: Mr. S. S. Hulke, Mr. Pawan Mali

JUDGMENT :

1. Appellant has impugned Judgment and Order dated 8th May 2019 passed by the learned Special Judge under POCSO Act, Greater Mumbai in POCSO Special Case No. 585 of 2015 in C.R. No. 320 of 2015 dated 27th September 2015 registered with Bhoiwada Police Station, Mumbai, convicting him under Sections 4 & 10 of The Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and under Section 376(2) of The Indian Penal Code (for short, ‘I.P.C.’) and is sentenced to suffer maximum rigorous imprisonment for 10 years and to pay a total fine of Rs.27,000/-.

2. Heard Ms.Devkar, learned Advocate appointed by High Court Legal Services Committee, Mumbai to represent and espouse the cause of Appellant, Mr.Hulke, learned A.P.P. for Respondent No.1-State and Mr.Mali, learned Advocate appointed by High Court Legal Services Committee, Mumbai to represent Respondent No.2. Perused entire record.

3. In the present case, it is an admitted fact on record that, the date of birth of victim is 23rd July 2001 and she was ‘child’ within the meaning of Section 2(d) of POCSO Act on the date of lodgment of present crime. With a view to protect identity of victim and in consonance with

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