PRADIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals are heard together and they are being decided by this common judgment in view of the fact that both these appeals arise out of the judgment and order of conviction passed by the learned Additional Sessions Judge, Gadchiroli dated 21.07.2016 in Special POCSO Case No.16/2014. By the impugned judgment both the appellants stand convicted for the offence punishable under Section 376-D of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act" for the sake of brevity). However, they are sentenced only for the offence punishable under Section 376-D of the Indian Penal Code to suffer rigorous imprisonment for 20 (twenty) years and to pay a fine of Rs.3,000/- and in default to suffer further rigorous imprisonment for six months.

(2.) Criminal Appeal No. 356/2016 is filed by original accused no.2 - Pradip Biswas and he is represented by learned counsel Mr. V.S. Giramkar, whereas Criminal Appeal No. 154/2017 is filed by original accused no.1 - Kishor Mandal and he is represented by learned counsel Mr. A.C. Jaltare. The State is represented by Mr. A.D. Sonak, the learned Additional Public Prosecutor in both the appeals.

(3.) The prosecution case as it was unfurled during the course of the trial can succinctly be narrated as under : On 29.06.2014, the victim (PW4) along with one person came to Police Station, Aheri. That time Subhash Dhawale (PW10) was in-charge of said Police Station. He made inquiries with the victim girl to which she disclosed that on 28.6.2014 she had been to Aheri for selling blue berries and when she was going back along with her brother Dulichand, the accused persons committed rape on her. Her oral report (Exh.35) was reduced into writing by PSO Dhawale on the basis of which he registered the crime against accused Kishor and accused Pradip for the offence punishable under Section 376-D and under Sections 4 and 6 of the POCSO Act. The printed first information report is at Exh.36.