LAWS(BOM)-2021-1-76

XYZ Vs. STATE OF MAHARASHTRA

Decided On January 25, 2021
Xyz Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Appellant is the original accused who faced trial in Special Case (Child) No.69 of 2018 before the learned Judge of the Special Court, under POCSO Act, Jalna. The appellant has been convicted for the offence punishable under Section 376(2)(i) read with 511 of the Indian Penal Code and for the offence punishable under Section 6 read with Section 18 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act'). He has been sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs.10,000/-, in default of payment of fine, to undergo rigorous imprisonment for two years for the offence punishable under Section 376(2)(i) read with Section 511 of the Indian Penal Code. Further, he has been sentenced to suffer rigorous imprisonment for a term of 10 years and to pay fine of Rs.10,000/-, in default of payment of fine, to undergo rigorous imprisonment for two years for the offence punishable under Section 6 read with Section 18 of the POCSO Act. Since the record of the case shows that the appellant was child-inconflict with law, his name is concealed in the judgment; though he has attended majority during the pendecy of trial itself.

(2.) Since the arguable points were raised, this Court has admitted the appeal on 03-07-2020 and with consent, taking into consideration the facts of the case, took the matter for final hearing.

(3.) Heard learned Advocate Mr. R. V. Gore for appellant and learned APP Mr. S. W. Munde for respondent No.1 State.