Bhausaheb Radhakisan Gadekar v. the State of Maharashtra and Another
POCSO Act – Conviction under S.7 punishable under S.8 – Victim aged 6 years at the time of incident
Case brief
What is this about?
Bombay High Court, Bench at Aurangabad; Kishore C. Sant, J.; order dated 14 August 2024; Criminal Application No. 3418 of 2024 in APEAL/739/2024; Bhausaheb Radhakisan Gadekar v. The State of Maharashtra and Another; POCSO Act Sections 7, 8, 9(3) and 10; victim aged 6 years; trial Court convicted under S.7/S.8 with 5 years; notice for enhancement of sentence under S.10; notice returnable 04.09.2024; APP S.K. Shirse; advocate Ms. Neha Gajanan Udawant h/f Mr. Salunke Sudarshan J.; interlocutory order at notice stage, no final disposal, no precedents cited.
What did the court decide?
Interlocutory order at notice stage: (i) notice issued to the respondents, returnable on 04.09.2024; (ii) learned APP waives service of notice for respondent No. 1 State; (iii) learned APP to serve notice of respondent No. 2 through the concerned Police Station; (iv) notice issued to the appellant as to why the sentence should not be enhanced by treating the offence under Section 10 of the POSCO Act as well.