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2023 Supreme(Bom) 1699

ANUJA PRABHU DESSAI
Chandrakant Mahadev Tawade – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Pramod Kathane, Advocate, S.V. Gavand, Advocate, Grishma Lad, Advocate

JUDGMENT/ORDER

1. This is an appeal under Sec. 374 of the Code of Criminal Procedure, 1973, challenging the judgment and order dtd. 22/02/2019 in Special Case No.2 of 2017, Ratnagiri.

2. By the impugned judgment, the learned Special Judge (POCSO) has held the Appellant (hereinafter referred to as 'accused') guilty of offences punishable under Ss. 376(2)(i)(j), 354, 504 and 506 of IPC and under Ss. 3 r/w 4 and 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act'). The accused has been sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.25, 000.00 i/d. to suffer simple imprisonment for six months for offence punishable under Sec. 4 of the POCSO Act. He is also sentenced to undergo rigorous imprisonment for two years each for offences punishable under Ss. 504 and 506 of the IPC.

3. The case of the prosecution in brief is that on 20/11/2016 at about 5.00 p.m. the victim, a child of about 12 years of age had gone to the house of the accused to give him an invitation card. It is alleged that that the accused sexually assaulted her and subjected her to penetrative sexual assault. The accused is also alleged to have threatened the victim no

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