KAILAS GANGAPRASAD YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant has impugned, the Judgment and Order dated 29th March 2019 passed by the learned Special Judge under P.O.C.S.O. Act, Greater Mumbai, in POCSO Special Case No. 266 of 2014 in C.R. No. 157 of 2014 registered with Powai Police Station, Mumbai, thereby convicting the appellant under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "P.O.C.S.O. Act) and sentenced him to suffer rigorous imprisonment for 14 years and to pay a fine of Rs.5,000/-, in default of payment of fine to further suffer simple imprisonment for 1 month. The appellant is also convicted under Section 342 of the Indian Penal Code for short, "I.P.C.") and is sentenced to suffer rigorous imprisonment for 1 year and to pay a fine of Rs.500/-, in default of payment of fine to further suffer simple imprisonment for 7 days. As the appellant was convicted and sentenced under Section 6 of the P.O.C.S.O. Act, the trial Court did not award separate sentence under Section 376 of the I.P.C., as per the provisions of Section 42 of the P.O.C.S.O. Act. The trial Court has directed that, all the sentences shall run concurrently.

(2.) Heard Ms.Kulkarni, learned Advocate appointed by High Court Legal Services Committee, Mumbai for the appellant and Mr.Palkar, learned A.P.P. for the respondent-State. Perused the entire record.

(3.) The prosecutrix in the present crime was aged about 6 years on the date of incident and with a view to protect her identity and in consonance with the provisions of Section 228(A) of the Indian Penal Code and Section 33(7) of the POCSO Act, the names of material witnesses and detailed narration of facts from their evidence is hereby avoided.