PINNYA @ AJINATH AMBADAS AVHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the Appellant and learned A.P.P. for State. The Appellant has been convicted under Sec. 354 of the Indian Peal Code, 1860 ("I.P.C." for short) and sentenced to suffer rigorous imprisonment for one year, and to pay a fine of Rs. 1000.00 and in default of payment of fine, to suffer rigorous imprisonment for three months.

(2.) The case of prosecution as brought before the trial Court was that the Appellant had taken a minor girl (victim) in a dilapidated house and removing his clothes, lay on her person and outraged her modesty. The prosecution brought was for offence of attempting to commit rape and offence for outraging the modesty. The Appellant was acquitted of the offence punishable under Sec. 376 read with Sec. 511 of I.P.C. and came to be convicted for offence punishable under Sec. 534 of I.P.C. The incident is stated to be of 11th Feb. 2000. The Appellant was convicted on 15th July 2003.

(3.) When this Appeal came up for hearing, the counsel for Appellant filed the Criminal Application No. 2207 of 2016 claiming that on the day of offence, the Appellant was a juvenile in view of Juvenile Justice (Care and Protection of Children) Act, 2000 coming into force with effect from 1st April 2001 and protection in view of Sec. 7-A added in the Act with effect from 22nd Aug. 2006 and according to the counsel, the Appellant needs to be treated as a Juvenile and protected accordingly.