GANESH KISAN NAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Aggrieved with the impugned judgment of conviction rendered by the Special Judge under the provisions of the Protection of Children from the Sexual Offences Act, 2012 (for short 'POCSO') at Khed, Rajguru Nagar, District. Pune on 25 th April, 2017, the appellant has preferred this appeal amongst following facts and grounds.

(2.) It was the first day of the year 2014 when the prosecutrix who was admittedly aged about 11 years and studying in 5th standard had gone to attend the School at 9.30 a.m. Around 4.00 p.m, her teacher P.W.5 telephonically called mother of the prosecutrix. When mother of the prosecutrix i.e P.W.1 reached the School around 4.30 p.m, it was informed that the prosecutrix came late on that day. On being asked the reason as to why she was late, the prosecutrix stated that she was taken by the appellant to a place and committed sexual assault on her. He thereafter dropped her at the School. It is alleged that the appellant lured the prosecutrix under the pretext of giving her sweet and took her to a secluded place at Mangwada on his motorbike. He removed her clothes and thereafter moved his hand on her person. He inserted his finger in her vagina and then touched his penis to her vagina. As the prosecutrix shouted, the appellant asked her not to get scared and that he would drop her in the School. He asked her to put on the clothes. The appellant thereafter dropped the prosecutrix at her School. P.W.1-mother of the prosecutrix went to Otur Police Station and lodged a report against the appellant. A crime bearing No.1 of 2014 came to be registered against the appellant.

(3.) P.W.7-Maruti Ghungurkar then P.S.I attached to Otur Police Station held investigation into the crime. He arrested the appellant. He referred the prosecutrix to Sassoon Hospital for medical treatment and examination. He seized the clothes of the appellant. He drew Panchanama in respect of seizure of clothes of the appellant.