MANISH RAMBHOLE SAKET Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No.360 of 2014 vide judgment and order dated 3rd March, 2018, Appellant/Accused came to be convicted for an offence punishable under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO Act"). For an offence under IPC , he is sentenced for rigorous imprisonment for seven years so also under the POCSO Act. Appellant is also saddled with fine of Rs 1,000/- on each count, failing which rigorous imprisonment for six months was ordered. As such, this appeal.

(2.) Shri Joshi, learned Counsel appearing for the Appellant/Accused would invite attention of this Court to the evidence of P.W.4 and submits that the Appellant is falsely implicated in the crime in question. According to him, the victim has neither supported the case of the prosecution nor any other material is brought on record in the form of oral or documentary evidence so as to establish the guilt of the Accused. He would urge that the charge framed against the Accused as that of an offence punishable under Section 363 of IPC i.e. kidnapping was not proved. According to him, conviction of the Appellant cannot be sustained based on improbable evidence available on record.

(3.) Per contra, learned APP would support the judgment and conviction. According to him, even if the victim has not supported the case of the prosecution still the father of the victim P.W.1 and P.W.3 - doctor have supported the case of the prosecution. He would further urge that the appeal is liable to be dismissed.