SHAIKH SADDAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure against the judgment and order dtd. 2/1/2017 passed by the Special Judge, Aurangabad in Special Case (POCSO) No. 12 of 2015, convicting the appellant for the offence punishable under Sec. 4 read with Sec. 3 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") and Sec. 506 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to fine of Rs.1000.00, in default to suffer rigorous imprisonment for one month and rigorous imprisonment for two years and fine of Rs.500.00, in default to suffer rigorous imprisonment for fifteen days, respectively.

(2.) Shorn of the verbiage, the allegations against the appellant are to the effect that the victim (PW2), who was then barely seven years of age, was flying kite. The appellant was also present there. Under the pretext of fetching kite string, he asked the victim to fetch it from a nearby house. He followed the victim, bolted the door from inside and committed penetrative sexual assault by indulging in carnal intercourse. It is alleged that the appellant also threatened the victim if the incident was disclosed. The victim went back home while weeping and narrated the incident to his grandmother. The landlady Archana (PW3) was also called. The parents of the victim had gone for work. After their arrival, they were also narrated the incident. The mother of the victim - Jarina (PW1) then took the victim to the police station. The victim was sent for medical examination. In the meanwhile, the FIR (Exh-18) was lodged and the offence was registered.

(3.) The victim was medically examined by Dr. Vikas (PW5). The perianal swabs were taken. A sample of the blood of the victim was also drawn. The appellant was arrested. He was medically examined by Dr. Nilesh (PW4). His blood sample was drawn. The jeans pant of the victim was seized as also underwear of the appellant. All these samples and clothes were sent for chemical analysis.