FAHAD MUSTAQ PATANKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is taken up for final hearing while hearing the application for suspension of sentence in view of directions of this court contained in order dated 16 th August 2017 (Coram : Smt.Anuja PrabhuDessai, J.) in the wake of the fact that the appellant/accused is in custody since the year 2014.

(2.) By this appeal, the appellant/accused is challenging the judgment and order dated 24 th July 2015 passed by the learned Special Judge, Ratnagiri, convicting the appellant/accused of the offence punishable under Sections 4 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as the POCSO Act for the sake of brevity) and for sentencing him to suffer rigorous imprisonment for 7 years apart from directing him to pay fine of Rs.5,000/-, and in default, to undergo further rigorous imprisonment for 3 months. The appellant/accused was, however, acquitted of the offence punishable under Section 363 of the Indian Penal Code.

(3.) Facts in nutshell leading to the prosecution of the appellant/accused can be summarized thus :