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HIGH COURT OF BOMBAY
BHARATI DANGRE, J
Ashik Ramjan Ansari – Appellant
Versus
The State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. conviction details of the appellant. (Para 1 , 2 , 3) |
| 2. evidence from witnesses regarding the relationship. (Para 4 , 5 , 6 , 7 , 9 , 10) |
| 3. prosecution and defense arguments on relationships. (Para 11 , 12 , 13) |
| 4. legal observations on minors' consent. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 5. discussion on historical legal evolution related to consent. (Para 20 , 21 , 22 , 23) |
| 6. effects of the law on consensual relationships. (Para 24 , 25 , 26 , 27 , 28) |
| 7. court's conclusion and judgment set aside. (Para 29 , 30) |
JUDGMENT:-
1. The Appellant, on being tried by the Special Judge at Gr.Bombay in POCSO Spl. Case No.203 of 2016 for the offences punishable under Sections 363 , 376, 107 and 109 of the Indian Penal Code (for short, “IPC”) and under Sections 4 , 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short, “the POCSO Act”), stand convicted by judgment and order dated 21/02/2019. He is handed over a sentence of R.I. for 10 years, on being convicted under Section 6 of the POCSO Act and to pay fne of Rs.2,000/-, in default to undergo R.I. for one month. Though found guilty, for committing the offence under Section 376 of IPC as well as under S
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