IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sarang V. Kotwal, Sandesh D. Patil, JJ
Kalamuddin Mohammad Isteyar Ansari – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. overview of charges, prosecution evidence, and trial court findings. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. evaluation of victim evidence and sufficiency of proof beyond reasonable doubt. (Para 9 , 10 , 11 , 12 , 13) |
| 3. assessment of sentencing, legislative amendments, and factors for judicial leniency. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
Oral Judgment (Per Sandesh D. Patil, J.)
1) By the present Appeal, the Appellant has challenged the Judgment and Order dated 7th December 2020, passed by the learned Special Judge, under the Protection of Children from the Sexual Offences Act, 2012, at Greater Bombay, in POCSO Special Case No.120 of 2017, whereby the Appellant was convicted for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act”), and was sentenced to suffer imprisonment for life and to pay a fine of Rs.1000/-, and in default of payment of fine, he was to undergo simple imprisonment for one month. The Appellant was, however, acquitted for the offence punishable under Section 10 of the POCSO Act. The Appellant was not separately sentenced for commission of offence punishable under Section 376
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