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2023 Supreme(Bom) 712

ANUJA PRABHUDESSAI
Maherban Hasan Babu Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Mr. Jagdish Kumar Sanjeev Hegde.
For the Respondents: Mr. N.B. Patil, Ms. Rebecca Gonsalves.

JUDGMENT :

1. This Appeal is directed against the judgment dated 18.12.2019 in Special Atrocity Case No.11 of 2016, passed by learned Special Court at Mangaon, District Raigad. By the impugned judgment, the learned Judge has held the Appellant guilty of offences punishable under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 376(2)(i) and 376(2)(j) of the Indian Penal Code. He has been sentenced to undergo (i) rigorous imprisonment for 7 years with fine of Rs.10,000/- i.d. simple imprisonment for 6 months for offence punishable under Section 4 and (ii) rigorous imprisonment for 10 years with fine of Rs.10,000/- i.d. simple imprisonment for 6 months for offence under Section 6 of the POCSO Act. Both sentences have been ordered to run concurrently. The Appellant was in custody since 21.05.2016, hence the Appellant has been given benefit under section 428 Cr.P.C. for setting off the period of detention he had undergone. No separate sentence is passed for offence under Section 376(2) (i) and (j) of the Indian Penal Code.

2. The crime against the Appellant, was registered pursuant to the First Information Report lodged by the victi

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