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2022 Supreme(Bom) 982

G.A.SANAP
Mahadev Narayan Bhusari – Appellant
Versus
State of Maharashtra, Through Police Station Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Deepali V. Sapkal, Advocate
For the Respondent: Mr. M. J. Khan, A.P.P.

JUDGMENT :

1. In this appeal, challenge is to the judgment and order dated 17.03.2016, passed by the learned Special Judge, Warora in Special (POCSO) Case No.10/2015, whereby the learned Judge convicted the appellant for the offences punishable under Sections 341, 354-A, 354-D of the Indian Penal Code and under Sections 11(i) and 12 of the Protection of Children from Sexual Offices Act, 2012 (hereinafter referred to as “the POCSO Act” for short). The sentence awarded on different counts is as under :

    i] Rigorous imprisonment for two years and fine of Rs.500/-, in default to suffer simple imprisonment for three months, for the offence under Section 11(i), punishable under Section 12 of the POCSO Act.

ii] Rigorous imprisonment for two years and fine of Rs.500/-, in default to suffer simple imprisonment for three months, for the offence punishable under Section 354-D of the Indian Penal Code;

iii] Simple imprisonment for one month for the offence punishable under Section 341 of the Indian Penal Code.

iv] Though, the appellant was convicted for the offence punishable under Section 354-A of the Indian Penal Code, no separate sentence is awarded.

2. The victim girl (PW1), on the date of the i

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