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2023 Supreme(Bom) 2044

S. G. MEHARE
Manoj – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Surekha G.Chincholkar, Advocate, V.N.Patil Jadhav, Advocate, Pratap Mandlik, Advocate

JUDGMENT/ORDER

1. Being dissatisfied with the Judgment and Order of the learned Special Judge (POCSO), Ahmednagar passed in Special (POCSO) Case No.199 of 2017 dtd. 18/12/2019, the accused has preferred this appeal under Sec. 374 of the Criminal Procedure Code.

2. The parties will be referred to their original position.

3. The prosecution case in brief was that the victim was residing with her family in a chawl. The accused was also residing in one of the rooms in the same chawl. The victim was six and a half years old at the time of the incident. On 11/5/2017 at about 10.30 pm, the victim and her family had their dinner. Her mother, who was the first informant, was cleaning the utensils in the house. The victim told her that she was getting hot and wanted to sit out in the air. After finishing her work, she gave a call to the victim, but she did not respond. Therefore, she searched for the victim. However, she did not find her. When she was returning home, she noticed that the electric light in the room of the accused was on. Therefore, she peeped inside the room from the window. She found the victim in the said room. Therefore, she went inside the room and brought her out. She also

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