IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 934 OF 2014 Vanita Vasant Patil Age : 56 Yrs, Occu. Service, R/o. Prathamesh Society, Flat No.10, Lokhadipada, Panvel, Dist-Raigad (At present lodged in Central Jail)

… APPELLANT (Orig. Accused no.2)

VERSUS

1) The State of Maharashtra (At the instance of Sr.P.I.Uran Police Station, Dist. Raigad).

2) Victim girl-X Mukam Post, Mothi Jui, Tal.Uran, Dist.Raigad. ... RESPONDENTS (with a view to conceal an identity of the informant, she is referred as “victim girl-X)

W I T H CRIMINAL APPEAL NO. 919 OF 2014 Mr. Datta Somnath Jadhav, Aged about 43 years, adult, Indian inhabitant, Occ : Service R/o.Navjeevan Society, L-3 Yugant Colony, Sukapur New Panvel, Dist.Raigad.

(Alibag Prison) … APPELLANT (Orig. Accused No.1)

VERSUS

1) State of Maharashtra (Through Uran Police Station)

2) Victim girl-X Mukam Post, Mothi Jui Tal. Uran, Dist.Raigad ... RESPONDENTS W I T H CRIMINAL APPEAL NO. 160 OF 2015 (For Enhancement of Sentence)

The State of Maharashtra ... APPELLANT (Orig. Complainant)

VERSUS

1) Datta Somnath Jadhav, Age 43 years, Occ : Service R/o.Navjeevan Society, L-3 Yugant Colony, Sukapur New Panvel, Dist.Raigad.

2) Vanita Vasant Patil Age : 56 Yrs, Occu. Service, R/o. Prathamesh Society, Flat No.10, Lokhadipada, Panvel, Dist: Raigad. … RESPONDENTS (Orig. Accused Nos.1 and 2)

…

Mr. Mahesh Vaswani a/w Mr. Jagdish Shetty a/w Ms. Dharni Nagda a/w Ms. Sophia Hasan Advocates for Appellant in Criminal Appeal No. 934/2014.

Mr. Sathyanarayanan, Advocate for Appellant in Criminal Appeal No. 919/2014 Mrs. M.H. Mhatre, A.P.P. for Respondent – State in Criminal Appeal No. 934/2014 and Criminal Appeal No.919/2014 and for Appellant in Criminal Appeal No.160/2015.

...

CORAM: S.S. SHINDE AND A.S. GADKARI, JJ.

DATE OF RESERVING JUDGMENT : 23rd OCTOBER, 2018. DATE OF PRONOUNCING JUDGMENT: 2nd NOVEMBER, 2018.

JUDGMENT [PER S.S. SHINDE, J.]:

1. Criminal Appeal No. 919 of 2014 filed by accused No.1 Datta Somnath Jadhav (for the sake of brevity, hereinafter would be referred as accused No.1), is directed against the Judgment and Order dated 28^th October, 2014 passed by the Additional Sessions Judge, Raigad-Alibag thereby convicting accused No.1 for the offence punishable under Section 376(2)(b) of the Indian Penal Code read with Section 5(c), 6 of Protection of Children from Sexual Offences Act (for short, “POCSO Act”)

and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.20,000/- and in default to suffer rigorous imprisonment for two years. The Trial Court also convicted accused No.1 for the offence punishable under Sections 292, 509 of Indian Penal Code read with Section 14 of POCSO Act read with section 67 B of Information Technology Act and sentenced him to suffer rigorous imprisonment for five years and to pay fine of Rs.10,000/, in default to suffer rigorous imprisonment for one year. The Trial Court also convicted accused No.1 for the offence punishable under Section 342 of Indian Penal Code and sentenced him to suffer rigorous imprisonment for one year and to pay fine of Rs.1,000/, and in default to suffer rigorous imprisonment for one month. The Trial Court also convicted accused No.1 for the offence punishable under Section 354 of Indian Penal Code and sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs.5,000/, and in default to suffer rigorous imprisonment for five months. All the sentences were directed to be run concurrently.

2. Criminal Appeal No. 934 of 2014 filed by Vanita Vasant Patil (for the sake of brevity hereinafter would be referred as accused No.2) is directed against the Judgment and Order dated 28^th October, 2014 passed by the Additional Sessions Judge, Raigad-Alibag thereby convicting her for the offence punishable under Section 376(2)(b), 109 of Indian Penal Code read with Section 5(c), 6 and 17 of POSCO Act and sentencing her to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,0