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2025 Supreme(Bom) 2030

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.JOSHI
Shahnawaz @ Taufik Mohammed Sagir Qureshi – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Viquar Rajguru
For the Respondents: C.D. Mali, Keral Mehta

JUDGMENT :

R.M. JOSHI, J.

1. This appeal takes exception to the judgment and order dated 4th May 2023 passed in POCSO Special Case No.872 of 2020 convicting the appellant/accused for the offences punishable under Sections 376 and 354-A of the Indian Penal Code 1860 (for short " IPC ") and Sections 6 , 10 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") and sentenced him to suffer rigorous imprisonment of 20 years with fine.

2. It is the case of prosecution that the victim aged 5 years is neighbour of the accused. When the victim went to the house of the accused to play with his daughter, on 3rd August 2020, she told her mother/informant about accused having touched her chest, cheeks and lips and also kissed her on her lips. The informant disclosed this fact to the mother of the accused and asked her to give understanding to the accused. On 17th August 2020, the victim disclosed to her paternal uncle that the accused touched her inappropriately and also put his finger in her private part. Once again, the said fact was disclosed to the mother of the accused. On having received such information from the victim, the informant lodged report on 18th A

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