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2022 Supreme(Bom) 786

VIBHA KANKANWADI
Shaikh Anees S/o Shaikh Hussain (Habib) – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.S. Gandhi.
For the Respondents: S.P. Sonpawale, A.A. Mundhe.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by the original accused challenging the conviction under Sections 4, 5(m) and (n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”) in Special POCSO Case No. 56 of 2018 by the learned Special Judge (under POCSO Act), Aurangabad on 16.05.2019.

2. The prosecution story is that the informant is the mother of the victim. Victim was aged 3 years on 04.03.2018. The mother of the victim lodged the report on 04.03.2018 stating that she was residing with her husband and four children. On 02.03.2018 when the husband of the informant was to proceed for Namaz at about 5.15 p.m., the victim girl was insisting that she would go along with him, but then to pacify her, her father gave her one rupee and told that she should take some eatable from the shop. He then went for Namaz. Informant then asked the victim to bring chowmein from the shop. Victim went running. She returned after about half an hour along with the amount itself and started saying as to what the accused has done to her by taking her to his house. The victim told the informant that the accused ha

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