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2024 Supreme(Bom) 786

G. A. SANAP
Sameer Shah S/o. Salim Shah – Appellant
Versus
State of Maharashtra, Through Police Station Officer, Police Station, Murtizapur City – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Naman Bhangade, Adv. h/f. Mr A.K. Bhangade, Advocate
For the Respondent: Ms Mukta Kavimandan, APP

JUDGMENT :

G. A. Sanap, J.

1. Heard finally with the consent of learned Advocates for the parties.

2. In this appeal, the challenge is to the judgment and order, dated 25.10.2021, passed by the learned Additional Sessions Judge, Akola, whereby the learned Judge, held the appellant/accused guilty for the offence punishable under Section 354(B) of the Indian Penal Code (for short ‘the IPC’) and for the offence under Section 7 punishable under Section 8 and under Section 9 punishable under Section 10 of the Protection of Children From Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- and in default to suffer simple imprisonment for one month.

3. Background facts:

The victim involved, in this crime, is an unfortunate girl, who was three years old at the time of the incident. The wheels of the prosecution were put into motion on the report of her grandmother to the Murtizapur police station. It is stated that the incident occurred on 07.02.2019 at about 4:30 p.m. The informant is the grandmother of the victim. She, alongwith the victim and her grandson, went to the neighbour’s house. The vi

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