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SARANG V. KOTWAL
Sameer Shashikant Jadhav – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SARANG V. KOTWAL, J.
1. The appellant has challenged the judgment and order dated 25.3.2021 passed by the Additional Sessions Judge, Ratnagiri in Special Case No. 19/2018. The appellant was convicted and sentenced as follows:
(ii) He was convicted for commission of the offence punishable under Section 376 of IPC and was sentenced to suffer RI for 10 years and to pay fine of Rs. 10,000/- and in default of payment of fine to suffer SI for six months.
(iii) He was convicted for commission of the offence punishable under Section 504 of IPC and was sentenced to suffer SI for one month.
(iv) He was convicted for commission of the offence punishable under Section 506 of IPC and was sentenced to suffer SI for one month.
(v) He was further convicted for commission of the offence punishable under Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and was sentenced to suffer RI
The court reaffirmed that consent is not a defense in cases involving minors under the POCSO Act, emphasizing the importance of protecting children from sexual exploitation regardless of any perceive....
Deceased minor victim's statements on sexual assault admissible under Evidence Act S.32 if causing death; school-first certificate proves age; no dual sentence under IPC S.376 and POCSO S.4 per S.42 ....
(1) Entry of date of birth, as recorded in School Register, is relevant and admissible in evidence under Section 35 of Evidence Act.(2) Mere fact that wisdom tooth have not erupted is not of great im....
In sexual assault cases involving a minor, consent is legally void. Public documents such as birth certificates and school registers are admissible as primary evidence of age under statutory presumpt....
The central legal point established in the judgment is the requirement to prove the victim's age to invoke the provisions of the POCSO Act and the evidentiary value of the School Leaving Certificate ....
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