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2023 Supreme(Bom) 2313

VINAY JOSHI, VALMIKI SA MENEZES
Kailas – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
A.S.Londhe, Advocate, V.A.Thakare, Advocate

JUDGMENT/ORDER

VINAY JOSHI, J. - Conviction and sentence for the offence punishable under Ss. 363, 366, 376 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act (POCSO), led the appellant (convicted accused), to challenge the judgment and order of conviction in Session Trial No.172/2014 dtd. 5/8/2021, by this appeal.

2. The appellant/accused was charged for the aforesaid offences. The prosecution led evidence of 8 witnesses to substantiate the charge. The Trial Court held that the prosecution succeeded in proving the leveled charges and separately punished for each of the offences. The maximum sentence imposed for the offence punishable under Sec. 376 of the Indian Penal Code and Sec. 4 of the POCSO Act is to undergo imprisonment for life along with fine of Rs.1.00 lakh on each count. Besides that the appellant/accused was also convicted for the offence punishable under Ss. 363 and 366 of the Indian Penal Code for which punishment was imposed to undergo imprisonment for 7 and 10 years respectively, with fine of Rs.1.00 lakh each on both count. All the sentences are directed to run concurrently. The maximum sentence imposed by the trial Court is t

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