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2021 Supreme(SC) 701

ATTORNEY GENERAL FOR INDIA – Appellant
Versus
SATISH – Respondent


Advocates appeared:
For the Parties:K.K Venugopal, AG Pooja Dhar, Suhasini Sen, Rahul Chitnis, Sachin Patil, Aaditya A. Pande, Geo Joseph, Geeta Luthra, Nitin Saluja, Shivani Luthra Lohiya, Asmita Narula, Sasha Maria Paul, Sidharth Luthra, Minakshi Vij, Annopam Prasad, Ayush Kaushik, Angaj Gautam, Akshay Chopra, Siddhartha Dave, Jemtiben Ao, Vidhi Thaker, Saumya Gupta, Aarushi Singh, Aditya Vaibhav Singh, Advocates

JUDGMENT :

BELA M. TRIVEDI, J.

1. Leave granted in all appeals.

2. The four Appeals filed by the appellants-Attorney General for India, by the National Commission for Women, by the State of Maharashtra and by the appellant-accused Satish respectively, arising out of the Judgment and Order dated 19.01.2021 passed in Criminal Appeal No. 161 of 2020 by the High Court of Judicature at Bombay, Nagpur Bench, and the Appeal filed by the Appellant-State of Maharashtra, arising out of the Judgment and Order dated 15.01.2021 passed in the Criminal Appeal No. 445 of 2020 by the same Nagpur Bench, encompass similar contextual legal issues, and therefore, permit us this analogous adjudication.

I. Factual matrix in case of the Accused-Satish :

3. The Extra Joint Additional Sessions Judge, Nagpur (hereinafter referred to as the Special Court) vide the Judgment and Order dated 5th February, 2020 passed in the Special Child Protection Case No. 28/2017 convicted and sentenced the accused-Satish for the offences under Sections 342, 354 and 363 of the Indian Penal Code (for short ‘IPC’) and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (For short POCSO Act). Being aggrieved by the

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