LAWS(BOM)-2024-12-50

KIRAN @ SHEKHAR Vs. STATE OF MAHARASHTRA

Decided On December 03, 2024
Kiran @ Shekhar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 19/3/2020, passed by the learned Sessions Judge, Amravati, whereby the learned Judge convicted the appellant for the offences punishable under Ss. 376-AB, 376(2)(i), 354 of the Indian Penal Code and under Ss. 4 and 10 of the Protection of the Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act" for short). He is sentenced to suffer rigorous imprisonment for twenty years and to pay fine of Rs.5,000.00 and in default to suffer RI for six months for the offence punishable under Sec. 376-AB of the IPC. No separate sentence is awarded for the offence punishable under Sec. 376(2)(i) and 354 of the IPC and under Ss. 4 and 10 of the POCSO Act.

(2.) BACKGROUND FACTS :-

(3.) It is stated that at about 12.00 noon, the appellant returned along with the victim. The victim was crying. Her forehead, hands and legs were smeared with dust. She had sustained injuries on her forehead. On inquiry by the informant with the victim, she told her that "dada ni padle, dada ni marle". On inquiry with the appellant by the informant, he told that his motorcycle slipped and they fell down.