ARVIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence of imprisonment awarded by the Special Judge under the P.O.C.S.O. Act, Sessions Court, Borivali Division, Dindoshi vide Judgment & Order dated 26th June, 2019.

(2.) The applicant is convicted for the offence punishable under Section 6 of Protection of Children from Sexual Offences Act, Sajakali Jamadar 2012, Act (For short "POCSO") and directed to undergo rigorous imprisonment for twelve years and pay fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for one year.

(3.) The prosecution case is that the victim is aged about 3 years. The first informant is father of victim. According to informant on 14th August, 2015 in the night at around 11 p.m. the victim started crying and was touching her private part and complained of pain. Initially the informant felt that the victim must have sustained insect or ant bite. She was taken to Dr. Nawaz Tantra who examined and informed the parents of the victim that the victim has been subjected to fingering to her private part. The parents took the victim in confidence and asked her whether anybody has touched her private part. The victim said 'uncle-uncle'. The victim was taken to Shatabdi Hospital, Kandivali (W) for treatment. Doctor informed them that somebody has caused injury to the vagina of the victim by finger. The First Information Report (for short "FIR") was registered vide C.R. No. 240 of 2015 under Sections 376 (2)(i), 354(B) of IPC and Sections 4, 6, 8 & 12 of POCSO Act. The investigation proceeded. Statements of witnesses were recorded. Charge-sheet was filed. The prosecution examined about 15 witnesses. The defence examined 9 witnesses.