DHIRENDRA ALIAS Vs. STATE OF MAAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to a judgment and order of conviction passed by the Special Judge (POCSO Act) Thane in Special Case No.17 of 2013, by which the appellant has been convicted and sentenced as follows:

(2.) The prosecution case in brief is as follows:

(3.) It was 27th of March, 2013 which was a day of Holi. P.W.3 went to his work. P.W.1 and her daughter were at home. Around 11.00 a.m, the appellant came to their house for playing Holi. He had brought some colours. After some time, he took the victim under the pretext of giving her chocolate. He took care of latching the door of P.W.1 from outside. Having noticed the same after some time, P.W.1 sought help of her son-P.W.7 by extending his hand from the window to open it. When P.W.1 searched for the victim, she could not find her. Around 1.35 p.m, P.W.1 was called at Kopari Police Station. P.W.3 was already present over there. The victim was crying and was without nicker. Blood was oozing from her private part. When asked, the victim informed that Chhotu Uncle had inserted his place of urination in her place of urination. That is how, it revealed that the appellant had sexually assaulted the victim.