PRAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is assailing the judgment dated 20.7.2019 rendered by the Special Judge, Chandrapur in Special (POCSO) Case 32 of 2017, whereby the appellant is convicted for the offences punishable under sections 354-B and 376(2)(i) of the Indian Penal Code, 1860 ("IPC"), and for offences punishable under sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") and is sentenced as follows: <FRM>JUDGEMENT_196_LAWS(BOM)7_2020_1.html</FRM>

(2.) The genesis of the prosecution which culminated in the judgment of conviction lies in the Report (Exh. 22) lodged by Pravin Sambashiv Panghate (PW 2) at Police Station Gadchandur, District Chandrapur at 00.45 hrs. on 14.3.2017 alleging that the accused sexually molested his daughter aged 6 years (PW 1 victim) at 5.00 p.m. on 13.3.2017.

(3.) The gist of the report is that PW 2 is an agriculturist residing at village Pimpalgaon Tal. Korpana, Dist. Chandrapur with his wife Smt. Madhuri, mother Tanebai, son Manthan and the victim. On 13.3.2017 at 1.00 p.m. PW 2 left the village to attend Satsang at village Bibi and returned to Pimpalgaon at 7.00 p.m. or thereabout. He noticed that the victim was in a frightened and disturbed state. PW 2 comforted the victim and asked her what is wrong and whether she was beaten by her mother. The victim disclosed that at 5 p.m. she had gone to her friend Anushka's residence. Anushka and her mother were asleep. The accused, who is Anushka's father, called the victim to the other room and removed her knicker. The accused gave Rs. 10/- to the victim, removed the chain of his trousers, took out his penis and asked the victim to touch it. The victim threw the money near the television and came home. The report further recites that PW 2 went to the residence of the accused, who was not at home. After some time, the accused returned on his two wheeler and PW 2 confronted him which led to a verbal altercation. Soon after, the elder brother of the accused one Vilas Lohe came to assault PW 2 and a scuffle ensued.