Bombay High Court Hears Appeal Against Conviction Under POCSO Act and IPC for Aggravated Penetrative Sexual Assault and Kidnapping. Trial Court Had Imposed 20 Years Rigorous Imprisonment for Offences Against a Minor.

High Court: Bombay High Court Bench: NAGPUR
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Case Note & Summary

The appellant, original accused no.1, was convicted in Special (POCSO) Case No.94/2017 by the Extra Joint District Judge and Additional Sessions Judge, Nagpur on 24.8.2023. He was convicted under Section 5(1) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to 20 years rigorous imprisonment, as well as under Sections 363, 366, 344, and 506(2) of the Indian Penal Code with varying sentences. He filed Criminal Appeal No.748 of 2023 before the Bombay High Court, Nagpur Bench, challenging the conviction and sentence. The appeal was heard by Justice Urmila Joshi-Phalke on 05/03/2025 and judgment was pronounced on 08/04/2025.

Issue of Consideration

CRIMINAL APPEAL NO.748 OF 2023N

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Case Details

2025 LawText (BOM) (04) 194

CRIMINAL APPEAL NO.748 OF 2023

2025-04-08

URMILA JOSHI-PHALKE

Shri Amit Choube for the Appellant, Shri V.A.Thakare, Additional Public Prosecutor for the Respondent/State

Imtiyaj s/o Kayyum Ansari

State of Maharashtra, through Police Station Officer, Police Station – Gittikhadan, Nagpur

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Nature of Litigation

Criminal appeal against conviction and sentence under POCSO Act and IPC.

Remedy Sought

The appellant sought to set aside the conviction and sentence imposed by the trial court.

Filing Reason

The appellant was convicted by the trial court and filed an appeal challenging the judgment.

Previous Decisions

The trial court convicted the appellant on 24.8.2023 in Special (POCSO) Case No.94/2017.

Judgment Excerpts

By this appeal, the appellant, who is original accused No.1, (the accused) has challenged judgment and order dated 24.8.2023 passed by learned Extra Joint District Judge and Additional Sessions Judge, Nagpur in Special (POCSO) Case No.94/2017. By the said judgment impugned, the accused is convicted for offence punishable under Section 5(1) read with Section 6 of The Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and sentenced to undergo rigorous imprisonment for 20 years and to pay fine Rs.5000/-, in default, to undergo rigorous imprisonment for 2 months.

Procedural History

The trial court convicted the appellant on 24.8.2023. The appellant filed Criminal Appeal No.748 of 2023 before the Bombay High Court, which was heard on 05/03/2025 and judgment pronounced on 08/04/2025.

Acts & Sections

  • The Protection of Children from Sexual Offences Act, 2012: Section 5(1), Section 6
  • Indian Penal Code, 1860: Section 363, Section 366, Section 344, Section 506(2)
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High Court Bombay High Court Hears Appeal Against Conviction Under POCSO Act and IPC for Aggravated Penetrative Sexual Assault and Kidnapping. Trial Court Had Imposed 20 Years Rigorous Imprisonment for Offences Against a Minor.
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