RAKESH BABAN GOHAR vs STATE OF MAHARASHTRA

Judgment text excerpt

ssm 1 201-apeal927.2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 927 OF 2018 WITH INTERIM APPLICATION NO. 390 OF 2020 WITH INTERIM APPLICATION NO. 492 OF 2022 WITH INTERIM APPLICATION NO. 3024 OF 2023 WITH INTERIM APPLICATION NO. 4761 OF 2023 WITH INTERIM APPLICATION NO. 3624 OF 2024 Rakesh Baban Gohar, Age 39 Years, Occupation – Service, Residing at Room No.61, Opposite B.M.C. Building No.19, Liberty Bakery, Musa Killedar Street, Byculla, Mumbai-11. (At present lodged at Yerawada Central Prison, Pune.) …..Appellant/Applicant Vs. 1) The State Of Maharashtra, (ThroughTardeo Police Station, Mumbai), Crime No.36 of 2015. 2) X.Y.Z., Age-17 Years, Occupation- Student, Residing at Sinhagad Building, 2nd Floor, Room No.204, A Wing, Mumbai Central, Bellasis Bridge, Mumbai-34. …..Respondents 1/18 ssm 2 201-apeal927.2018.doc ___________________________________ Mr. Ajit Savagave, Advocate appointed by Legal Aid Committee for the Appellant/Applicant. Mr. Amit A. Palkar APP, for the Respondent-State. None for Respondent No.2. _____________________________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 29th SEPTEMBER, 2025. JUDGMENT (Per- A.S.Gadkari, J.):- 1) Appellant has impugned Judgment and Order dated 3 rd October, 2017, passed by the learned Special Judge under POCSO Act, Greater Mumbai, in POCSO Special Case No.194 of 2015, convicting the Appellant under Sections 6, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, “the POCSO Act” ) and under Section 354 and 376 of the Indian Penal Code, (for short, “IPC”) and is sentenced to suffer imprisonment for life under Section 6 of the POCSO Act, rigorous imprisonment for 7 years under Section 10 of the POCSO Act and rigo