Back
PRITHVIRAJ K. CHAVAN
Mahesh Bhimraj Jadhav – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
PRITHVIRAJ K. CHAVAN, J.
1. By this appeal, the appellant challenges the judgment and order passed by the Designated Court under the Protection of Children from the Sexual Offences Act, 2012, Greater Bombay (for short “POCSO Act”) dated 12th March, 2019 passed in POCSO Special Case No. 457 of 2014 by which he has been convicted of the offence punishable under section 376 of the Indian Penal Code (for short “I.P.C.”) r/w section 6 of the POCSO Act and sentenced to suffer rigorous imprisonment for 10 years with fine of 20,000/- in default, to suffer rigorous imprisonment for three months.
2. Prosecution case is as follows.
3. The prosecutrix who was aged about 17 years got acquainted with the appellant in March, 2013 and they became friends. She was in the 10th standard at the relevant time. Their friendship ultimately turned into love. The prosecutrix and the appellant used to meet frequently when the prosecutrix used to attend her computer classes.
4. In the month of November, 2013, the appellant invited the prosecutrix for celebration of his birthday at Titwala. When the prosecutrix reached Titwala, appellant asked her to accompany him in a restaurant. The prosecutrix realiz
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
The age of consent in sexual offenses is critical, rendering any alleged consent from a minor legally immaterial.
The judgment emphasizes the admissibility of school registers to determine the age of a minor, the reliability of the victim's testimony in sexual offence cases, and the mandatory minimum sentences u....
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
