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2022 Supreme(Bom) 758

VIBHA KANKANWADI
Mahesh S/o Kundlik Dhavare – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Z .H. Farooqui
For the Respondent: Mr. R. B. Bagul, Mr. A. P. Khedkar

JUDGEMENT :

1. Present Appeal has been filed by the original accused challenging his conviction in Special (POCSO) Case No.26 of 2015 under Section 3 punishable under Section 4 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) and Section 376(2)(i) of the Indian Penal Code by the learned Special Judge, Osmanabad on 23rd March 2017, thereby convicting him for the said offence and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.5000/-, in default to suffer further rigorous imprisonment for one year.

2. It will not be out of place to mention here before proceeding further that earlier Advocate who was representing the appellant, failed to cause his appearance after 27th September 2021. The appellant is in jail, in view of the fact that his application for suspension of sentence came to be rejected by this Court. By order dated 17th February 2022 when it was again found that the learned Advocate, then representing the appellant – the accused, who was in jail, has not caused his appearance, it was m

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