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2024 Supreme(Online)(Bom) 6768

BOMBAY HIGH COURT
G. A. SANAP, J
SIKANDAR SOMSING CHAVHAN – Appellant
Versus
THE STATE OF MAHARASHTRA THR. PSO PS ASEGAON TQ. MANGRULPIR DIST. WASHIM AND ANOTHER – Respondent


Advocates:
Mr. S. D. Chande, Advocate for the appellant. Mr. Ganesh Umale, A.P.P. for the respondent no.1/State Ms. Neerja G. Choubey, Advocate appointed for respondent no.2

JUDGMENT

1. In this appeal, challenge is to the judgment and order dated 25.05.2022, passed by the learned Additional Sessions Judge, Link Court, Mangrulpir, in Special Child Case No. 28/2018, whereby the learned Judge held the appellant guilty for the offences punishable under Section 376(2)(l) of the Indian Penal Code and under Sections 3, 4 , 5(k) and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for short). He is sentenced to suffer imprisonment for 10 (ten) years and to pay fine of Rs.5,000/- and in default to suffer RI for 6 (six) months for the offence punishable under Section 376(2)(l) of the IPC . No separate sentence is awarded for the offences under the POCSO Act.

2. BACKGROUND FACTS :

The informant (PW6) is the father of the victim girl (PW7). The case of the prosecution, which can be gathered from the report lodged by the informant and other materials is that the victim is a deaf and dumb girl. The incident of rape on the victim occurred in the night of 18.04.2018. The appellant and the victim are the residents of the same village. On 18.04.2018, on account of marriage of the son of the neighbour, namely, Suresh

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