JUDGMENT

Bharati Dangre, J. - Two appeals are filed by the two accused, who came to be tried as Accused Nos.1 and 2 by the Additional Sessions Judge, Mangaon, District Raigad in Special POCSO Case No.2/2013, on being aggrieved by their conviction and imposition of sentences thereafter.

The two Appeals, though raise distinct challenges arise out of the common Judgment and hence I have clubbed them and heard together.

I have heard the learned counsel Mr.Niranjan Mundargi for Accused No.1 and Mr.Butala for Accused No.2. I have also heard learned APP Ms. Dabholkar for the State in two appeals, whereas, the victim-Respondent no.2 in Cr. Appeal No.41/2019 is represented by Ms.Janhavi Karnik and in Cr.Appeal No.214/2019, is represented by Mr.Lokesh Zade.

2. The prosecution case presented before the Sessions Court is, that the victim residing with her family is persuading her education in 8th Standard, in one of the Schools in the locality. It is alleged that on the date of the incident when she returned from school and was present in the house all by herself, and went to sleep, accused No.1, Rajendra, her cousin brother committed forcible sexual intercourse with her and left the place.

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