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2024 Supreme(Online)(Bom) 6030

BOMBAY HIGH COURT
SARANG V. KOTWAL, J
BABU ZILU DHEBE – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANR. – Respondent


Advocates:
Mr. Vivek N. Arote, Mr. Prashant P. Jadhav, Smt. Manisha Devkar

ORAL JUDGMENT :

1. The Appellant has challenged the judgment and order dated 7.2.2019 passed by the Additional Sessions Judge, Mangaon, Disrict-Raigad in Special POCSO Case No.15/2014. There were two accused. The present Appellant was the accused No.2. The accused No.1 was acquitted. The present Appellant was convicted for commission of the offence punishable under Section 376 of IPC; for which he was sentenced to suffer R.I. for seven years and to pay a fine of Rs.10,000/- and in default of payment of fine to suffer R.I. for one month. He was convicted under Section 3 read with 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and was sentenced to suffer R.I. for seven years and to pay a fine of Rs.10,000/- and in default to suffer R.I. for one month. He was further convicted for the offence punishable under Section 5(j)(ii) read with Section 6 of the POCSO Act and was sentenced to suffer R.I. for ten years and to pay a fine of Rs.10,000/- and in default to suffer R.I. for one month. All the substantive sentences were directed to run concurrently. He was given set off under Section 428 of Cr.P.C.

2. Heard Shri Vivek Arote, learned counsel for th

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