KALIM ATTARALI SHAIKH vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

WAKLE MANOJ JANARDHAN Manoj 902-APEAL-1064-2019.doc Digitally signed by WAKLE MANOJ JANARDHAN Date: 2025.11.19 IN THE HIGH COURT OF JUDICATURE AT BOMBAY 17:07:56 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1064 OF 2019 Kalim Attarli Shaikh Age : Adult, Convict No.17469. Residing at : Plot No.40/Q/4, Road No.13, Bainganwadi, Govandi, Mumbai. (Presently lodged at Yerwada Central Jail, Pune). …Appellant Versus 1) The State of Maharashtra (at the instance of Shivaji Nagar Police Station in C.R.No.221 of 2013. 2) X Y Z Age : 37 years, R/at : Plot No.40/06, Road No.13, Near Baudhvihar, Bainganwadi, Gowandi, Mumbai – 43. … Respondents Mr. Vaibhav Hari i/b. Mr. Kushal Mor, for the Appellant. Mr. Tanveer Khan, APP for the Respondent – State. CORAM: SHYAM C. CHANDAK, J. RESERVED ON : 7th NOVEMBER, 2025 PRONOUNCED ON : 14th NOVEMBER, 2025 JUDGMENT :- 1. This Appeal seeking an exception to the Judgment and Order dated 15/02/2017, in POCSO Special Case No.1094/2013, passed by the learned Designated Judge under the Protection of Children from Sexual Offences Act (“(POCSO Act”), for Gr. Bombay thereby the Appellant was convicted for commission of the offence punishable under Section 354 of the Indian Penal Code, 1860 and under Section 10 of the POCSO Act. Under Section 354 of I.P.C., the Appellant was sentenced to suffer S.I. for one year and to pay fine of Rs.1000/-. In default, he was further sentenced to suffer S.I. for Page 1 of 16 th 14 November 2025 Manoj 902-APEAL-1064-2019.doc one month. Under Section 10 of the POCSO Act, he was sentenced to suffer S.I. for five years and to pay fine of Rs.5,000/-. In default, he was further sentenced to suffer S.I. for one month. 2. Heard Mr Hari, the learned Counsel for the Appellant and Mr Khan, the learned APP for the Responde