RAKESH BABAN GOHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant has impugned Judgment and Order dtd. 3/10/2017, passed by the learned Special Judge under POCSO Act, Greater Mumbai, in POCSO Special Case No.194 of 2015, convicting the Appellant under Ss. 6, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, "the POCSO Act" ) and under Sec. 354 and 376 of the Indian Penal Code, (for short, "IPC") and is sentenced to suffer imprisonment for life under Sec. 6 of the POCSO Act, rigorous imprisonment for 7 years under Sec. 10 of the POCSO Act and rigorous imprisonment for 3 years under Sec. 12 of the POCSO Act. As the Appellant is convicted under the provisions of the POCSO Act in maximum terms, separate sentence under Ss. 354 and 376 of the IPC is not awarded by the trial Court, as per the provisions of Sec. 42 of the POCSO Act.

(2.) At the outset, it be noted here that, the victim herein is the real daughter of the Appellant. The victim was a minor on the date of commission of the offence under the POCSO Act and therefore with a view to protect her identity and in consonance with the provisions of Sec. 228(A) of the IPC and Sec. 33(7) of the POCSO Act, the detailed narration of facts and other details thereby revealing identity of victim and her mother, are hereinafter avoided.

(3.) Heard Mr. Savagave, learned Advocate appointed by the Legal Aid Committee to represent the Appellant, Mr. Palkar, learned APP for the Respondent No.1-State. Perused entire record.