MERAJUDDIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred the present appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dtd. 19/7/2018 rendered by learned Additional Sessions Judge, (Special), Ahmedabad (Rural), Mirzapur, Ahmedabad in Special POCSO Case No.80 of 2016 whereby the learned trial Court sentenced the appellant accused to undergo imprisonment for ten years and to pay fine of Rs.25,000.00, in default, to undergo further simple imprisonment for three months for the offence under Sec. 376(2)(i) of the Indian Penal Code and also convicted and sentenced the appellant accused to undergo imprisonment for ten years and to pay fine of Rs.25,000.00, in default, to undergo further simple imprisonment for three months for the offence under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012. The appellant is hereinafter referred to as the accused as he stood in the original case for the sake of convenience, clarity and brevity.

(2.) The short facts giving rise to the present appeal are that the complainant has alleged that the victim (daughter of the complainant) was aged around 6 years at the time of the incident. It is alleged that on 11/8/2016 i.e. the day of incident, her husband went for work and her mother-in-law went to attend a social function and at around 11:00 am, her daughter took Rs.2.00 to purchase chocolate and thereafter returned back after half an hour wherein she looked scared and it appeared that she had fever and slept. It is alleged that her daughter woke up and started crying and complaining about pain in her stomach and upon inquiry, she was informed that the accused committed a wrongful act with her and the First Information Report came to be lodged on 14/8/2016 at 22.15 hours under Sec. 376 of IPC and Sec. 4 and 6 of the POCSO Act.

(3.) Being aggrieved by the same, the appellant has preferred the aforesaid Criminal Appeal before this Court.