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BHARATI DANGRE
Omkar Dattatraya Dangat – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Present Criminal Appeal is fled by the Appellant calling in question his conviction under Sec. 363, 366A, 376(2)(n) of the Indian Penal Code read with Sec. 4 and 6 of the Protection of Children from Sexual Offencs Act (POCSO) and the sentence imposed upon him, in Special Sessions Case No.371 of 2015.
In the CR which was registered against him on the complaint of the father of the victim with Chaturshrungi Police Station on 21/8/2015, he came to be arrested on 23/8/2015 and as on date, it is informed that he has undergone imprisonment for 8 years and 10 days out of the total sentence imposed on him under the impugned Judgment for a period of 10 years.
2. The Appeal fled by the Appellant was admitted on 10/2/2020. He moved an interim application seeking suspension of sentence and for release on bail, during the pendency of the Appeal. The Application was heard by J. Prakash Naik, who was on the Bench at the relevant time and on 26/4/2022 by considering the fact that the Applicant is in custody for a period of 6 years and 8 months and on consideration of the merits of the matter, to the effect that the victim had admitted in her evidence that there was friendship betwe
The central legal point established in the judgment is the requirement to prove the victim's age to invoke the provisions of the POCSO Act and the evidentiary value of the School Leaving Certificate ....
(1) Entry of date of birth, as recorded in School Register, is relevant and admissible in evidence under Section 35 of Evidence Act.(2) Mere fact that wisdom tooth have not erupted is not of great im....
Deceased minor victim's statements on sexual assault admissible under Evidence Act S.32 if causing death; school-first certificate proves age; no dual sentence under IPC S.376 and POCSO S.4 per S.42 ....
The court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
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