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BHARATI DANGRE
Rodu Bhaga Wagh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the Parties:
For the Applicant:Mr. Samay Pawar, Advocate a/w Mr. Ramnik P. Pawar, Advocate
For the State: Mr.Y.M. Nakhwa, APP
For the Respondent No.2:Mr. Abbas Z Mookhtiar, appointed Advocate

JUDGMENT

The counsel for the respondent no.2 has invited my attention to the impugned judgment, and in specific the sentence imposed upon the accused, on being found guilty of committing an offence under Sections 4 and 6 of the Protection of Children from Sexual offences Act.

He would submit that on being convicted under Sections 4 and 6 of the Act, even before the Amending Act, 25 of 2019 was introduced in the statute, under Section 4, it was not permissible to impose a punishment less than 7 years and on being convicted for an offence under Section 7, the Judge had no discretion to impose a punishment lesser than 10 years.

The counsel is justified in making the submission, but the question is whether the prosecution had made out the case for penetrative sexual assault and aggravated penetrative sexual assault.

2. On the information received from the mother of the victim girl aged 10 years and 8 days, when she had disclosed about an incident, which had occurred on 21/10/2018, CR No.I-167 of 2018 was registered, which invoked Section 376(1), 376(3), 376-AB of the IPC and Section 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act. The statement of the victim g

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