FAZAL MEHMUD JILANI DAFEDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 11th August, 2017 in (Pocso) Case No. 519 of 2014 passed by the learned Special Judge, Greater Bombay whereby and whereunder the appellant came to be convicted for the offences punishable under sections 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (Pocso Act) and sentenced to suffer imprisonment for life and pay fne of Rs. 2,000/- and rigorous imprisonment for fve years and fne of Rs. 1,000/- respectively, with default stipulation. In view of section 42 of the Pocso Act no separate sentence was imposed upon the appellant/accused for the offence punishable under section 376 of the Indian Penal, 1860 (the Penal Code) though the accused was found guilty thereof as well.

(2.) The background facts necessary for the determination of this appeal can be stated, in brief, as under:

(3.) At the trial, in order to substantiate the indictment against the accused, the prosecution examined nine witnesses. The material witnesses are the victim 'M' (P.W.1), Sonal Ghate (P.W.2), the frst informant, Rajashree Suvarna (P.W.3); another resident of Devashish building, Dr. Meena Savjani (P.W.5), the medical offcer, Shobha Aagashe (P.W.7), the social worker, and Maya Patil (P.W.8) and Annasaheb Sutar (P.W.9) who furnished the details of investigation. After closure of the prosecution evidence, the accused was examined under section 313 of the Code. The accused did not lead any evidence in his defence which consisted of total denial and false implication at the behest of Ms. Komal Hake, who was removed from employment by Ayyaz Dafedar.