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2022 Supreme(Bom) 712

VIBHA KANKANWADI
Yadav Chandoba Dawlekar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.O. Awasarmol.
For the Respondents: A.M. Phule, Pooja V. Langhe.

JUDGMENT :

VIBHA KANKANWADI, J.

1. The appellant is the original accused who has been convicted in Special Case (POCSO) No. 19 of 2015 by the learned Special Judge / Additional Sessions Judge-4, Nanded on 17th August 2018 after holding him guilty of committing offence punishable under Sections 363, 376 of the Indian Penal Code and Section 3 punishable under Section 4 of the Protection of Children from Sexual Offices Act (for short “POCSO Act”). The appellant – accused has been sentenced to suffer simple imprisonment for five years and to pay fine of Rs.5000/- for the offence punishable under Section 363 of the Indian Penal Code and in default of payment of fine he has to suffer further simple imprisonment for two months. Further, appellant has been sentenced to suffer rigorous imprisonment for ten years for the offence punishable under Section 3 read with Section 4 of the POCSO Act and to pay fine of Rs.5000/- and in default of payment of fine, to suffer further rigorous imprisonment for six months. However, appellant has been acquitted of the offence punishable under Section 366-A of the Indian Penal Code. No separate sentence has been awarded for the offence punishable under Sectio

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