SUJOY @ SANJAY LALTU CHAKRAVARTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Mir Nagman Ali, the learned counsel for the appellant and Shri V.A. Thakre, the learned Additional Public Prosecutor for the respondent-State.

(2.) By the present appeal, the appellant is challenging the judgment and order of conviction passed by the learned Special Judge, Gondia, dated 09.6.2016 in Special POCSO Case No. 11/2014, by which, the appellant was convicted for the offence punishable under Section 363 of the Indian Penal Code and was directed to suffer rigorous imprisonment of five years and to pay fine of Rs.1,000/- and in default of payment of fine, to suffer simple imprisonment for one month. He is also convicted for the offence punishable under Section 366 of the Indian Penal Code and on that count, he was directed to suffer rigorous imprisonment for 7 years and to pay fine of Rs.2,000/-, in default to suffer simple imprisonment for two months. He was also convicted for the offence punishable under Section 376(2)(i) of the Indian Penal Code and under Section 5(a)(i) and (I) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act" for the sake of brevity) and on these counts, he was directed to suffer rigorous imprisonment for 10 years, respectively and to pay fine of Rs.3,000/- on each count and in default to suffer simple imprisonment for three months.

(3.) The facts giving rise to the present appeal, in nut shell, are as under :