MAHESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Appeal has been filed by the original accused challenging his conviction in Special (POCSO) Case No.26 of 2015 under Sec. 3 punishable under Sec. 4 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") and Sec. 376(2)(i) of the Indian Penal Code by the learned Special Judge, Osmanabad on 23/3/2017, thereby convicting him for the said offence and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.5000.00, in default to suffer further rigorous imprisonment for one year.

(2.) It will not be out of place to mention here before proceeding further that earlier Advocate who was representing the appellant, failed to cause his appearance after 27/9/2021. The appellant is in jail, in view of the fact that his application for suspension of sentence came to be rejected by this Court. By order dtd. 17/2/2022 when it was again found that the learned Advocate, then representing the appellant - the accused, who was in jail, has not caused his appearance, it was made clear that this Court would appoint some other Advocate to assist the Court. Accordingly, by order dtd. 29/4/2022 learned Advocate Mr. Z.H. Farooqui came to be appointed as Amicus Curiae to assist the Court, to represent the cause of the appellant.

(3.) Heard Mr. Farooqui, learned Advocate appointed for Appellant, Mr. Bagul, learned A.P.P. for Respondent No.1 and Mr. Khedkar appointed for Respondent No.2 through Legal Aid. Perused the Paper-Book.