POPAT NAVASU BENDKOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant/original Accused No.1 has questioned correctness of the Judgment and Order dtd. 13/3/2018 passed in Sessions Case No.93 of 2017 by the learned Special Judge (POCSOA), Nashik convicting him under Sec. 366 of Indian Penal Code (for short IPC) and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.3,000.00 (Rupees Three Thousand Only), in default of payment of fine to suffer further rigorous imprisonment for three months and for offence committed under Sec. 5(1) read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act) and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000.00 (Rupees Ten Thousand Only), in default of payment of fine to further suffer rigorous imprisonment for six months.

(2.) Heard Mr. Aniket Vagal, learned Advocate for the Appellant, Ms. Priyanka Chavan, learned Advocate appointed by the High Court Legal Services Committee, Mumbai to represent Respondent No.2 (victim) and learned APP. Perused entire record.

(3.) As the victim was minor, aged about 16 years and 11 months on the date of commission of offence i.e. on 30/6/2016, with a view to protect her identity and in consonance with provisions of Sec. 228(A) of IPC and Sec. 33(7) of the POCSO Act, the facts or any other material disclosing her identity are hereinafter avoided.