LAXMAN NAMDEO GANGURDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused is challenging the judgment and order dated 27.08.2015 passed by the learned Special JudgeAdditional Sessions Judge, Nashik in Sessions Case No.156 of 2014, thereby convicting the appellant/accused of the offence punishable under Sec. 376(2)(i) of the Indian Penal Code as well as under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for the sake of brevity).

(2.) For the offence punishable under Sec. 376(2)(i) of the Indian Penal Code, the appellant/accused is sentenced to suffer rigorous imprisonment for 10 years apart from imposition of fine of Rs.30,000.00 and default sentence of rigorous imprisonment for three years. No separate sentence was imposed for the offence punishable under Sec. 4 of the POCSO Act in view of the provisions of Sec. 42 of the said Act.

(3.) Brief facts leading to the prosecution of the appellant/accused can be summarized thus :