DIPAK @ KALWA KISANLAL SONI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellant (hereinafter referred to as, "the accused" for the sake of brevity) is challenging judgment and order of conviction dated 4.12.2018 passed by learned Special Judge under Protection of Children from Sexual Offences Act, 2012 in Special Child Criminal Case No.45/2013.

(2.) By the impugned judgment and order of conviction, the appellant is found to be guilty for offence punishable under Section 376(1)(i) of the Indian Penal Code and for offence under Section 5(m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short "the POCSO Act") and is sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/- and in default of payment of the fine amount to suffer rigorous imprisonment for 3 months. Learned Judge below observed that the accused is entitled for setoff under Section 428 of the Code of Criminal Procedure since he is in jail.

(3.) Heard learned counsel Shri S.K.Sable appointed through the High Court Legal Services Sub Committee at Nagpur to represent the appellant and learned Additional Public Prosecutor Shri N.R.Rode for the respondent/State. Both learned counsel took me through record and proceedings and notes of evidence of the case in detail.