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Bombay HC agrees to hear a petition challenging order of conviction against accused in two separate charges, POSCO Act and section 376

Team SoOLEGAL 31 Aug 2017 6:10pm

Bombay HC agrees to hear a petition challenging order of conviction against accused in two separate charges, POSCO Act and section 376

The Bombay High Court agreed to hear a petition challenging a judgment of conviction under the charge of Section 4 of Protection of Child from Sexual Offences (POSCO) Act as well Section 376 of IPC. The Court awarded a slight relief to the accused by saying that conviction can be held on both charges but the sentencing can only be carried out under one, obviously the one with more severe punishment.

The bench comprising Justice A M Badar observed that the Judgment dated May 20, 2015, passed by the learned Special Judge, Pune, convicted Sidhartha Dagadu Sonde of offences punishable under Section 376 and 354 of the IPC as well as Section 4 of POSCO Act. On both charges, he was sentenced 10 years of rigorous imprisonment apart from payment of fine of Rs. 5000.

Case background

The prosecutrix, Suman Gaikwad, a Tagged: Bombay High Court   POSCO Act   Justice A M Badar  

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