BABLU SHOUKAT KALAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused is challenging the judgment and order dtd. 25/8/2016 passed by the learned Special Judge under the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act for the sake of brevity), Ichakaranji, District Kolhapur, in Sessions (POCSO) Case No.21 of 2013, thereby convicting him of offences punishable under Ss. 4, 5, 8 and 10 of the POCSO Act. For the offence under Sec. 3 punishable under Sec. 4 of the POCSO Act, he is sentenced to suffer rigorous imprisonment for 7 years apart from direction to pay fine of Rs.3,000.00 and in default, to undergo simple imprisonment for 3 months. For the offence under Sec. 4 punishable under Sec. 5(1)(m)(n)&(p) of the POCSO Act, he is sentenced to suffer rigorous imprisonment for 10 years apart from direction to pay fine of Rs.5,000.00 and in default, to undergo simple imprisonment for 6 months. For the offence under Sec. 7 punishable under Sec. 8 of the POCSO Act, the appellant/accused is sentenced to suffer rigorous imprisonment for 5 years apart from direction to pay fine of Rs.2,000.00 and in default, to undergo simple imprisonment for 2 months. For the offence under Sec. 9(1)(m)(n)&(p) punishable under Sec. 10 of the POCSO Act, he is sentenced to suffer rigorous imprisonment for 7 years apart from direction to pay fine of Rs.3,000.00 and in default, to undergo simple imprisonment for 3 months.

(2.) Though the appellant/accused is convicted of offences punishable under Ss. 376 and 377 of the Indian Penal Code, in view of provisions of Sec. 42 of the POCSO Act, no fresh sentence came to be awarded to him on those counts. The learned trial court directed that all sentences shall run concurrently.

(3.) Facts, in brief, leading to the prosecution and the resultant conviction of the appellant/accused, can be summarized thus :