GOVIND BURLA PUNGATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals are heard simultaneously and they are decided by this common judgment because both these appeals are arising out of judgment and order of conviction passed by the learned Additional Sessions Judge, Gadchiroli in POCSO Trial No. 19/2017.

(2.) The appeal No. 57/2019 is filed by appellant - Govind S/o Burla Pungati who was accused No. 1 and appeal No. 654/2019 is filed by appellant - Vinod S/o Bandu Gedam who was accused No. 2 as per the charge in POCSO Case No. 19/2017. They stand convicted by the impugned judgment for offence punishable under Ss. 363, 366 read with Sec. 34 and Sec. 376(D) of the Indian Penal Code ('IPC') and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO'). However, learned Additional Sessions Judge in view of Sec. 42 of the POCSO Act, did not record the sentence under Sec. 6 of the POCSO Act. Offence punishable under Sec. 363 read with Sec. 34 of the IPC, both were sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs.1,000.00 with default clause. Similarly, offence punishable under Sec. 366 read with Sec. 34 of IPC, they were sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs.1,000.00 with default clause. In so far as Sec. 376(D) is concerned, sentence is 20 years and fine of Rs.8,000.00.

(3.) In these appeals, for these two appellants, Mr. N. M. Kolhe, learned counsel is appearing. He is appointed by the High Court Legal Services Sub-Committee, Nagpur and Shri M. K. Pathan, learned Additional Public Prosecutor is appearing for the State.