BHOLASINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel appearing for the parties.

(2.) Being aggrieved by the judgment and order passed by the learned Extra Joint Additional District Judge, Nagpur in Sessions Trial (Special Child Protection) Case No. 39/2018 dated 31.01.2020, thereby convicting the appellant for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act" for short) and under Section 376 [2][n] of the Indian Penal Code , and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 1000/-, in default of payment of fine to suffer rigorous imprisonment for 2 months, the appellant has approached this Court.

(3.) The prosecution story as could be gathered from the material placed on record is thus - P.W.3 - PSI Digambar Rathod, was attached to Ganeshpeth Police Station during the year 2014 to 2017. On 29.03.2017, the informant lady came to the police station along with minor victim and lodged report (Exh.31). It is the contention of the informant that she was living with her parents-in-law and a daughter [victim], aged 16 years. At the relevant time the victim had left her schooling after completing 9th standard education and was staying at home. The informant was working on a construction site, where the accused was also doing centering work.