ROYSTON XAVIER PARERA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant has impugned Judgment and Order dtd. 8/5/2019 passed by the learned Special Judge under POCSO Act, Greater Mumbai in POCSO Special Case No. 585 of 2015 in C.R. No. 320 of 2015 dtd. 27/9/2015 registered with Bhoiwada Police Station, Mumbai, convicting him under Ss. 4 and 10 of The Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and under Sec. 376(2) of The Indian Penal Code (for short, 'I.P.C.') and is sentenced to suffer maximum rigorous imprisonment for 10 years and to pay a total fine of Rs.27,000.00.

(2.) Heard Ms.Devkar, learned Advocate appointed by High Court Legal Services Committee, Mumbai to represent and espouse the cause of Appellant, Mr.Hulke, learned A.P.P. for Respondent No.1-State and Mr.Mali, learned Advocate appointed by High Court Legal Services Committee, Mumbai to represent Respondent No.2. Perused entire record.

(3.) In the present case, it is an admitted fact on record that, the date of birth of victim is 23/7/2001 and she was 'child' within the meaning of Sec. 2(d) of POCSO Act on the date of lodgment of present crime. With a view to protect identity of victim and in consonance with the provisions of Sec. 228(A) of I.P.C. and Sec. 33(7) of POCSO Act, the facts and/or details disclosing her and/or her close relatives identity is herein after avoided.