HUSSAIN MUSTAK CHOUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals are decided by this common Judgment because they arise from the same case and in both these appeals the same Judgment and Order is challenged.

(2.) In this Judgment, both the Appellants are referred to by their original status in the trial court.

(3.) The Appellant Husain Mustak Choudhary in Criminal Appeal No.853 of 2019 was the Accused No.1 and Appellant Mohd. Hanif Ahmad Shaikh in Criminal Appeal No. 1539 of 2018 was the Accuse No.2 in POCSO Special Case No. 363 of 2014. At the conclusion of the trial the learned Judge of designated court under The Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO'), for Greater Bombay, vide her Judgment and order dtd. 29/09/2017 convicted both the appellants. The Accused No.1 was convicted for the offences punishable under Sec. 363, 376(2)(n) and 506 of the Indian Penal Code, 1860 (for short 'IPC'), as well as, under sec. 6 of the POCSO. He was sentenced to suffer rigorous imprisonment for 20 (twenty) years and to pay a fine of Rs.50,000.00 and in default of payment of fine to undergo R.I. for further six months.