SAMBHAJI ANANDRAO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has prayed for his release on bail pending the appeal who has been convicted on 24/6/2022 by the Special Judge, POCSO in Special Case (POCSO) No.77 of 2019 of an offence punishable under Sec. 376 (3) of the Indian Penal Code , 1860 (for short " I.P.C ") and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO"). He has been sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.10,000.00, in default to pay fine, to undergo rigorous imprisonment for one year.

(2.) Briefly stated, facts are as follows.

(3.) Complainant is the real sister of the victim. Applicant is the step brother of the victim and the complainant. At the time of the incident, victim was aged about 14 years and the applicant was 29 years of age. Parents of the victim were died 9 years ago. The victim, complainant and the applicant were residing together. Victim was in 8th standard at the relevant time. The complainant was in 12th standard.