ALI MOHAMMED SHIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) . The challenge in this Appeal is to the judgment rendered by the Court of Special Judge under the Protection of 1/26

(2.) appeal 1006.19.doc Children From Sexual Ofences Act, 2012 (for short 'POCSO' Act ) at Borivali Division, Dindoshi, Mumbai whereby the appellant is convicted for the following ofences and sentenced as under :

(3.) The police came to the hospital and registered the crime under sections 363 , 366(A) , 376 and 326 of IPC and under section 3(A) (B) and 4 of POCSO Act against unknown person. According to victim's mother - frst informant, one person by name Anand was eyeing the informant and her daughter with some ill intention. P.W.1 suspected him to be the perpetrator. The police searched for the person in the light of information disclosed by the informant and they nabbed the appellant - Ali Mohammed Shaikh. The informant told the police that he is the same person who was eyeing them with ill intention and that he was the one who took the victim to a lonely place and sexually abused her. The police collected C.D.R. of the mobile phone which reveals that the accused was in that area at the relevant time. The appellant came to be arrested. The clothes of victim and accused were seized and sent to C.A. for analysis. The charge-sheet was submitted by Investigating Ofcer -Anil Desai of Kandivali Police Station.