AADITYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has questioned correctness of Judgment and Order dated 5th March, 2016, passed in Sessions Case No.49 of 2014 by the learned Special Judge under POCSO Act, Greater Mumbai, convicting the Appellant under Section 4 of The Protection of Children from Sexual Offences Act, 2012 (for short, "the POCSO Act") and is sentenced to suffer rigorous imprisonment for Ten years and to pay fine of Rs.2,000/-, in default of payment of fine, to further suffer simple imprisonment for One month and under Section 366(A) of the Indian Penal Code (for short, "IPC") and is sentenced to suffer rigorous imprisonment for One year and to pay a fine of Rs.1,000/-, in default of payment of fine, to further suffer simple imprisonment for One month. As the Appellant has been convicted under Section 4 of the POCSO Act, the Trial Court has not punished him separately for the offence punishable under Section 376 of the IPC, as per the provision of Section 42 of the POCSO Act. The Trial Court has directed that, the substantive sentences imposed upon the Appellant to run concurrently.

(2.) Heard Mr. Rajput learned counsel for the Appellant and Smt. Ambekar, learned APP for the State. Perused entire record.

(3.) The prosecutrix (P.W. No.2) was aged about 13 years on the date of commission of the alleged offence 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 statement of the prosecutrix and relevant witnesses is hereby avoided.