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BOMBAY HIGH COURT
SMT. ANUJA PRABHUDESSAI, J
Laxman Govind Varma – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. introduction of the case and initial judgment context. (Para 1) |
| 2. assessment of child witness competency. (Para 5) |
| 3. challenges in reliability of child's testimony. (Para 12 , 13) |
| 4. need for proper evidence analysis and conviction basis. (Para 14) |
| 5. final decision on acquittal. (Para 17) |
ORAL JUDGMENT :-
. The Appellant herein has assailed the judgment dated 01/04/2019 in POCSO Special Case No.328/2017. By the impugned judgment, the learned Designated Judge under Protection of Children from Sexual Offences (POCSO) Act, 2012, Greater Bombay has held the Appellant guilty of offences punishable under Sections 354 , 354-A r/w. 34 of the Indian Penal Code and Section 10 of POCSO Act, 2012. He has been sentenced to undergo rigorous imprisonment for five years with fine of Rs.10,000/- in default to undergo rigorous imprisonment for one month for offence punishable under section 10 of POCSO Act. No separate sentence has been imposed for offences under Section 354 and 354-A of the Indian Penal Code .
2. It is the case of the prosecution that the Appellant herein was engaged to paint a room of one Shaikh Mohd. Rafique (PW6). On 11/05/2017, at about 09:30 p.m., the victim (PW2
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