VISHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri S.V. Bhutada, learned counsel for the appellant, Shri N.R. Rode, learned A.P.P. for the respondent No.1/State and Ms A.S. Mishrikotkar, learned counsel for the respondent No.2/victim.

(2.) This appeal takes exception to the Judgment and order dtd. 22/8/2022 passed by the Extra Joint Additional Sessions Judge, (Special Judge, POCSO Court), Nagpur in Spe.Cri.(Child) Case No.302 of 2018, convicting the appellant for the offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the Act of 2012") and sentenced to suffer Rigorous Imprisonment for 20 years and to pay fine of Rs.15,000.00 in default to suffer further Rigorous Imprisonment for one year. The appellant is further convicted for the offence punishable under Sec. 10 of the Act of 2012 and sentenced to suffer Rigorous Imprisonment for five years and to pay fine of Rs.5,000.00 in default to suffer further Rigorous Imprisonment for three months.

(3.) The prosecution case is that, the incident in question took place on 22/9/2018 around 7.30 p.m. at Shantinagar, Bagde Plot, Nagpur. The First Information Report is lodged by the mother of the victim on very day.