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2023 Supreme(Bom) 1640

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Parvej Khan, s/o. Rafik Khan – Appellant
Versus
State of Maharashtra, through the Bori Police Station, District Parbhani – Respondent


Advocates Appeared:
For the Appellant : Mr. Rajendra Deshmukh, Sr. Adv. i/by Mr. Devang R. Deshmukh.
For the Respondents: Mr. S. D. Ghayal, Mr. Anil M. Gaikwad.

JUDGMENT :

(Abhay S. Waghwase, J.) :

1. Instant appeal arises out of the judgment and order of conviction passed by learned Sessions Judge, Parbhani in Special Case (POCSO) No. 01 of 2019 dated 03.07.2019 by which appellant is held guilty for commission of offence punishable under Sections 376AB, 506, 323 of the Indian Penal Code [IPC], Section 3(i)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [SCST Act] and Section 4 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act] and sentenced to suffer rigorous imprisonment for life till remainder of his natural life and to pay fine as enumerated in the impugned order.

FACTS LEADING TO TRIAL ARE AS UNDER

2. The conspectus of the prosecution case is that, PW6 victim, a six years old girl studying in 1st standard, appeared for drawing exams on 01.11.2018 and she was returning back home by walk. On the way, she was intercepted by unknown person, who posed himself as friend of her father and offered her chocolate as well as lift and so she accompanied him. Instead, he took her to an abandoned building near MSEDCL office and there he committed forceful sexual assault. Victim returned ho

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