HIGH COURT OF BOMBAY

Rahul Gajanan Tumbada vs State of Maharashtra

Criminal Appeal No 267 of 2018 On 15 April 2024

Hon'ble Judges: Revati Mohite Dere, Manjusha Deshpande

Case Type: Criminal Appeal

Final Decision: 

Advocates: Prashant Jadhav, Shabana Syed, R. M. Pethe, Priyanka B. Chavan

Citations: 
2024 0 CJ(Bom) 295

ACTS REFERRED: 
Protection Of Children From Sexual Offences Act, 2012, Section 8
Protection Of Children From Sexual Offences Act, 2012, Section 4
Indian Penal Code, 1860, Section 302
Indian Penal Code, 1860, Section 376(2)

Judgement Text

1. This appeal is directed against the judgment and order dated 8th February 2018 passed by the learned Additional Sessions Judge-1, Vasai, in POCSO Special Case No.10 of 2014, convicting the appellant, as under:

- for the offence punishable under Section 302 of the Indian Penal Code, to suffer rigorous imprisonment for life, and to pay a fine of Rs.5,000/- in default, to suffer rigorous imprisonment for one year;

- for the offence punishable under Section 376(2) of the Indian Penal Code, to suffer rigorous imprisonment for life, which shall not be less than thirty years without remission and to pay a fine of Rs.5,000/- in default, to suffer rigorous imprisonment for one year.

Both the aforesaid sentences were directed to run concurrently.

It is pertinent to note that since the trial Court found the appellant guilty of the offences punishable under Sections 302 and 376(2) of the Indian Penal Code (' IPC ') and having sentenced the appellant for imprisonment for life, did not award any separate sentence for the offences punishable under Sections 4 and 8 of the Protection of Children from Sexual Offences Act (' POCSO Act '), as the punishment prescribed under Section 4 and 8 of the POCSO Act, is less than the punishment prescribed