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2023 Supreme(Bom) 1061

SARANG V. KOTWAL
Safraj @ Iqbal Faridulla Khan – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Ganesh Bhujbal, Advocate, S.R. Agarkar, Advocate, Veerdhaval P. Kakade, Advocate

JUDGMENT

Sarang V. Kotwal, J. - The appellant has challenged the judgment and order dated 20.2.2019 passed by the Additional Sessions Judge for Greater Bombay in POCSO Special Case No.151/2016. The appellant was convicted and sentenced as follows :

    i. He was convicted for commission of the offence punishable under Section 377 of the Indian Penal Code read with Sections 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and was sentenced to suffer RI for ten years and to pay a fine of Rs.25,000/- and in default of payment of fine to suffer RI for six months.

The appellant was granted set off under Section 428 of Cr.P.C. Learned Trial Judge directed that the fine amount, if recovered from the appellant, shall be paid to the victim towards compensation in view of Section 357 of Cr.P.C.. The District Legal Services Authority was recommended for providing adequate compensation to the victim as per the provisions of Section 357-A of Cr.P.C.

2. Heard Shri Ganesh Bhujbal, learned appointed counsel for the appellant, Shri S.R. Agarkar, learned APP for the respondent No.1-State and Shri Veerdhaval Kakade, learned appointed counsel for the respondent No

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