TUKARAM ASHRUJI KHANDARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The appellant/accused aged 67 years, was convicted in Special (Child) Case No.98/2019 by judgment and order dated 19.12.2019, for the offence punishable under Sections 376 and 450 of the Indian Penal Code, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act" for short). The maximum punishment awarded is to suffer rigorous imprisonment for 10 years and total fine of Rs.25,000/-, with stipulation of default. The accused was acquitted from the charge of committing offence punishable under Section 377 of the Indian Penal Code. The State has not challenged acquittal of appellant on said count. The accused has challenged the aforesaid conviction in this appeal.

(3.) The prosecution case in brief is that the informant Dhondu was residing along with his family members, including his daughter / victim girl aged 8 years at village Loni Gawali, Taluq Mehkar, District Buldhana. As usual on 07.12.2015, the informant went on his duty, whilst his wife had gone for labour work. Two sons of the informant had been to their school, and the minor victim was alone at the house, as she was ill. Around 1 o'clock in the afternoon the informant returned to his house for lunch. He found that the house was locked from within, therefore, he peeped from the window and saw that appellant/accused Tukaram by lifting frock of the victim was moving his hand on her neck, cheek and chest. The informant shouted to open the door, on which the accused opened the door and hurriedly left the place. On asking, the victim disclosed that the accused moved his hand on her body, kissed her as well as put his finger in his anal part. On the following day, the informant went to the Dongaon Police Station and lodged report [Exh.19], regarding the occurrence.