CHANDKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.2.2018 rendered by the Additional Sessions Judge, Hinganghat in Special (Child) Case 1 of 2017 whereby the appellant Chandkha Ibrahimkha Pathan is convicted for offence punishable under section 363 of the Indian Penal Code ("IPC") and is sentenced to suffer rigorous imprisonment for a period of three years and to payment of fine of Rs. 3,000/- and in default to suffer simple imprisonment for a period of three months and is convicted for the offence punishable under section 366-A of the IPC and is sentenced to suffer rigorous imprisonment for a period of five years and to payment of fine of Rs. 5,000/- and in default to suffer simple imprisonment for a period of six months and is further convicted for offence punishable under section 376(2)(i) of the IPC and is sentenced to suffer rigorous imprisonment for a period of ten years and to payment of fine of Rs. 20,000/- and in default to suffer simple imprisonment for a period of six months.

(2.) The operative part of the judgment impugned and the perusal of paragraphs 24 and 29 of the judgment reveal that the appellant is also held guilty for the offence punish under section 4 of the Protection of Children from Sexual Offences Act ("POCSO Act") although no separate sentence is imposed in view of the provisions of section 42 of the POCSO Act.

(3.) I have heard the learned counsel Ms. Sweety Bhatia for the appellant - who shall be referred to as the accused hereinafter - and the learned Additional Public Prosecutor Shri C.A. Lokhande and with their able assistance, the material on record and the the reasons recorded by the learned Sessions Judge are scrutinized.