SATPALSINGH JOGENDARSINGH KOTDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment passed by the Special Court for Protection Of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') in Case no.819 of 2013, thereby convicting the appellant for the offences punishable under Sec. 377 IPC read with Sec. 6 and 10 of the POCSO Act, and sentencing him to suffer RI for 10 years and to pay fine of sum of Rs.25,000.00, in default to undergo RI for further six months, the appellant has instituted the present Appeal.

(2.) The prosecution case can be briefly summarized as under :- On 28/3/2013, a complaint came to be lodged by PW No.1 in the Antop Hill Police Station, stating therein that he is residing on the given address with his wife and three children, which include the victim boy, who at the relevant day was aged three years and at this tender age, he faced a wild rage. On 27/3/2013, the complainant returned home at 10.00 p.m and offered money to his daughter and the victim boy for buying chocolates. When his daughter (PW 2), aged 8 years returned home, but the victim did not, he inquired, and was informed that he is with the accused who was residing in the neighbourhood on being called for offering chocolates. When the complainant approached the house of the accused which was located on a mezanine floor, he heard the victim boy crying and when he knocked the door, he noticed him without his underwear and accused was present along with him wearing banyan and pants. When asked as to why the victim was crying, he was told that he has got some injuries on his back side in anal area and on examination of the victim boy, he was found bleeding from anus. He was brought home in a frightened condition but he could not tell anything.

(3.) On the next day, when he was passing stools, he complained of pain and was crying and it is the case of the prosecution that the victim boy informed the complainant about the misdeeds in his own words "[xxx xxx xxx]