PANKAJ DADARAO AMBADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal challenges the judgment and order of conviction passed by learned Additional Sessions Judge-1 & Special Judge, Achalpur in Special (POCSO) Case No. 11/2013 dated 26.6.2019. By the impugned judgment and order of conviction, the appellant is convicted for the offence punishable under Sections 363, 377, 323 of the Indian Penal Code and also under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act' for the sake of brevity).

(2.) For conviction of the appellant for the offence punishable under Section 363 of the Indian Penal Code, he is directed to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs.3,000/- with default clause. For his conviction for the offence punishable under Section 323 of the Indian Penal Code, he is directed to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- with default clause. Similarly, for his conviction for the offence punishable under Section 4 of the POCSO Act, the sentence imposed on the appellant is sufferance of rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/- with default clause. No separate punishment was imposed for the offence punishable under Section 377 of the Indian Penal Code. The learned Judge of the Court below directed that all the substantive sentences shall run concurrently.

(3.) Heard Mr. A.A. Dhawas, the learned counsel for appellant and Mr. M. K. Pathan, learned Additional Public Prosecutor for the State. Both of them took me through in detail the record and proceedings and the notes of evidence. Both the learned counsel vehemently submitted for the respective reliefs in their favour.