SURESH ANGLOSWAMI NAIDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant (Original Accused No.1), has impugned Judgment and Order dated 20th January, 2016 passed by the learned Additional Sessions Judge and Special Judge under the POCSO Act, Ichalkaranji, convicting him under Section 363 of the Indian Penal Code (for short, "the IPC") and is sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.5,000/-, in default of payment of fine, to further suffer simple imprisonment for 3 months; under Section 366 of the IPC and is sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.15,000/-, in default of payment of fine, to further suffer simple imprisonment for 9 months; and also convicting him for the offence under Section 5(l) punishable under Section 6 of the Protection of Children from Sexual Offences Act (for short, "the POCSO Act") and is sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.30,000/-, in default of payment of fine, to further suffer simple imprisonment for 1 year. The Trial Court has not awarded separate sentence under Section 376 of the IPC in view of the provisions of Section 42 of the POCSO Act. The Trial Court has also directed that, all the substantive sentences to run concurrently Kiran Mahadev Mokashi, Original Accused No.2 (for short, " Org. A-2") has been acquitted by the Trial Court from all the charges by the same impugned Judgment and Order.

(2.) Heard Mr. Apte, learned Advocate for the Appellant and Mr. Hulke, learned APP for the State. Perused entire record.

(3.) As per prosecution, the prosecutrix was aged about 13 to 14 years on the date of commission of alleged offence i.e. on 4th July, 2013 and with a view to protect her identity and in consonance with the provisions of Section 228(A) of the IPC and Section 33(7) of the POCSO Act, the names of material witnesses and detailed narration of facts mentioned in the evidence of the prosecutrix and relevant witnesses is hereby avoided.