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2022 Supreme(Bom) 1649

SHRIKANT D. KULKARNI
Kisan, S/o. Damaji Naik – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants : Mr Chaitanya C. Deshpande.
For the Respondents: Mr S.P. Deshmukh, Ms. Shital E. Waghmare.

JUDGMENT :

1. Heard finally with consent of both the sides at admission stage.

2. Feeling aggrieved by the impugned Judgment and order of conviction rendered by the learned Sessions Judge, Nandurbar in Sessions Case No.01/2018, thereby convicting the appellants/original accused Nos. 1 and 2 for the offences punishable under sections 376(1), 341, 506 and 109 of IPC and under sections 4, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act' for the sake of convenience), original accused Nos. 1 and 2/appellant Nos. 1 and 2 have preferred this appeal by taking aid of section 374(2) of the Cr.PC.

3. The prosecution story in brief may be unfolded as under :-

    (a) The victim girl (hereinafter referred to as 'the X' was stated to be 16 years and 5 months old at the time of incident and resident of village Mothe Kadwan, Tq. Navapur, Dist. Nandurbar. She was taking education in science faculty in 11th Std. in Agriculture High School, Khan

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