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2023 Supreme(Bom) 2170

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Arvind – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
V.R. Dhorde, Advocate, A.M. Phule, Advocate

JUDGMENT/ORDER

ABHAY S.WAGHWASE, J. - Both the above proceedings are directed against one judgment and order dtd. 14/10/2015 passed by learned Additional Sessions Judge, Bhoom in Special Case (Child Sex) No. 06 of 2014, thereby convicting the appellant accused for offence punishable under Ss. 363 of the Indian Penal Code (IPC) and sentencing him to suffer R.I. for three years and to pay fine of Rs.5,000.00 i/d R.I. for six months, under Sec. 366-A of IPC to suffer R.I. for five years and to pay fine of Rs.5,000.00 i/d R.I. for six months, under Sec. 376 of IPC to suffer R.I. for ten years and to pay fine of Rs.20,000.00 i/d R.I. for one year, under Ss. 6 and 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) to suffer R.I. for ten years and to pay fine of Rs.20,000.00 i/d R.I. for one year. As both the proceedings are heard and dealt together, they are decided by way of common judgment.

2. Before adverting to the merits of the case, it is necessary to clarify that Criminal Appeal No. 852 of 2015 is at the instance of appellant/convict questioning the legality and sustainability of above referred judgment of conviction passed by learned Special Judge, whereas C

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