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2023 Supreme(Bom) 1958

N. B. SURYAWANSHI
Balu – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
K.R. Jamdhade, Advocate, Maya R. Jamdhade, Advocate, V.S. Badakh, Advocate, Zainab Surti, Advocate

JUDGMENT/ORDER

1. By this appeal the appellant impugns judgment and order dtd. 29/08/2018, passed by the learned Judge, Special Court and Additional Sessions Judge, Jalna, in Special Case (Child) No.24/2017, thereby convicting and sentencing appellant as under:-

    I) For offence punishable under Sec. 377 of the Indian Penal Code to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000.00;

II) For offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") to undergo rigorous imprisonment for 10 years and to pay fine of Rs.5,000.00;

2. The prosecution case, in short, is that victim is six years old son of informant (PW1). On 23/02/2017 there was procession at the village to celebrate electoral victory of informant's nephew in Panchayat Samiti election. In the evening, PW1 was standing near the village entrance gate (osl). At that time, victim (PW2) came towards him crying and informed him that accused Balu committed unnatural sex with him by inserting penis in his anus. PW1 took victim to their house, where the victim narrated the incident to his mother (PW8). PW8 removed pant of the victim and found that ther

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