Sachin Baliram Kakde .vs. State of
Maharashtra (supra), this Court in the context of
presumption under Section 29 of the POCSO Act, after quoting ... presumption under Section 29 of the POCSO Act, in the case of
Amol Dudhram Barsagade .vs. State of Maharashtra
(supra), this Court has held
Paithankar Vs. The State of Maharashtra (Bail
application No.817 of 2020) case, wherein it is held that
in the composite offence involving POCSO ... POCSO Act .
The Division Bench has further referred the
Rajasthan High Court judgment in a case of Lokesh
Kumar Jangid Vs. State of Rajasthan
establish guilt of appellant.
In the case of Ganesh Gopal Phulwale Vs. State of Maharashtra
decided in Criminal Appeal No.753 of 2018 decided ... found reliable. In the case of Vijay @
Chinee Vs. State of Madhya Pradesh (2010)8-SCC-191, it was
observed that the statement of prosecutrix
State of
Karnataka Vs. Basavraj s/o Yellappa Madar5 made very
pertinent observations, as under :-
"29.7 The aim and objective of POCSO ... Mishra Vs. State of U.P.6 , while
deciding the bail application of the accused, who had
committed the offence under the POCSO
coming in to force of the POCSO
Act, 2012 .
(c) In the case of Mani Kumarswamy
Mudliyar Vs. State of Maharashtra ... coming in to force of the POCSO Act,
2012 .
(g) In the case of Sandeep Janaji
Konde Vs. State of Maharashtra
Accused]
R/o.Vidhyut Nagar, Morewadi,
Tq.Ambajogai, Dist. Beed
VERSUS
State of Maharashtra ...RESPONDENT
through Police Station Officer, [Ori.Prosecution]
Ambajogai City Police Station ... Vs State of Maharashtra 2015
ALL.M.R. (Criminal) 4053 the appellant was
convicted for the offence punishable under
Section 10 of the POCSO
respondent-State is justified in
relying upon judgment of Division Bench of this Court in the case of
Kundan Pendor Versus State (Supra), wherein ... presumption under
Section 29 of the POCSO Act, this Court in Amol Dudhram Barsagade
Versus State of Maharashtra, [Criminal Appeal No.600/2017 Decided
case of Sachin vs The State of Maharashtra , reported at
2016 All MR (Cri.) 4049, Sunil Soma Bhamble vs The State of
::: Uploaded ... vs State of M P , reported at
2011 (1) CgLJ 27 and judgment of Delhi High Court in the case of Boby
vs State
Vs. State of Maharashtra (supra), this
Court dealt with scope of Section 294 of Cr.P.C. In the case of
Kaini Rajan Vs. State ... POCSO Act. All
these decisions are not applicable to the facts of the present case.
32. In the case of State of Himachal Pradesh Vs
vs. State of
Maharashtra , (2018) 11 SCC 458;
ii) Umaria @ Mamumia vs. State of Gujarat ,
(2017) 2 SCC 731;
iii) Vinod Bhandari vs. State ... vs. Central Bureau of
Investigation , (2012) 1 SCC 40;
v) State of Kerala vs. Raneef , (2011) 1 SCC 784
and
vi) Motilal Saraf vs. State
