SURAJ Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-1-134
HIGH COURT OF BOMBAY
Decided on January 15,2021

SURAJ Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

SANTOSH PRASAD VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

- (1.)Heard Shri T.M. Malnas, learned counsel for the appellant and Shri M.J. Khan, learned Assistant Public Prosecutor for the respondent - State.
(2.)This is an appeal against conviction of the appellant - Suraj S/o Chandu Kasarkar, for the offence punishable under Sections 376(1) and 451 of the Indian Penal Code, passed by the Additional Sessions Judge-3, Yavatmal, in Special (POCSO) Case No. 35 of 2016, sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 10,000/-, in default of payment of fine, to suffer simple imprisonment for one year and further sentenced him to suffer rigorous imprisonment for two years and to pay fine of Rs. 1,000/-, in default of payment of fine, to suffer simple imprisonment for one month, respectively.
(3.)The prosecution case in brief is as under :
On 26.07.2013, the prosecutrix lodged a report against the appellant for committing rape on her by criminal trespassing into her house. The age of the prosecutrix is 15 years. On the basis of the report, crime came to be registered against the appellant bearing Crime No. 499 of 2013 for the offence punishable under Sections 376(2)(i)(j) and 451 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as POCSO Act).



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