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2023 Supreme(Bom) 2283

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


Advocates appeared:
Pradeep K.Palve, Advocate, A.M.Phule, Advocate

JUDGMENT/ORDER

VIBHA KANKANWADI, J. - Present appeal has been filed by the original accused challenging his conviction by the learned Special Judge, under POCSO Act, Dhule in Special (POCSO) Case No.40 of 2015 dtd. 25/10/2016 after holding him guilty of committing offence punishable under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act"), under Sec. 376 (1)(2)(i), 341, 506 of Indian Penal Code.

2. Prosecution has come with the case that P.W.5 is the father of victim. Victim was aged 14 years on 24/8/2015 and had taken education up to 7th standard. Thereafter, she has left the schooling from the said year. On 22/8/2015, victim had gone to Wanjartanda for religious ceremony at the place of sister-in-law of the informant. Around 3.00 a.m. on 24/8/2015, informant received phone call from his nephew (brother's son) informing him that he should immediately come to Konkangaon. Though informant asked him the reason for which he has called, the nephew did not disclose. Immediately he went to Konkangaon on motorcycle. After reaching the said place, his nephew told that around 8.00 a.m. in the morning i.e. the earlier day, the victim had gone for answer

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