RUPESH VIJAY RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By consent of learned Counsel appearing for the parties, the appeal is taken up for final hearing.

(2.) Failure of appellant/accused in securing acquittal in Atro. Special Case No.6 of 2014 led him to approach this Court for challenging the judgment and order of conviction dated 27.08.2019. The Trial Court held the appellant/accused guilty for the offence punishable under Sections 323, 377 of the Indian Penal Code, and Section 4 of the Protection of Children from Sexual Offences Act, (POCSO) 2012. The Trial Court has imposed sentence to suffer rigorous imprisonment for seven years along with fine of Rs.10,000/- with a default clause, for the offence punishable under Section 4 of the POCSO Act. However, no separate punishment was imposed for the offence punishable under Sections 323 and 377 of the Indian Penal Code. The accused was also charged for the offence punishable under Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act (for short 'the SC and ST Act), however, the Trial Court acquitted him from the said charge.

(3.) The accused has allegedly committed unnatural offence on victim-boy aged 17 years. The said act also amount to 'penetrative sexual assault' as defined under Section 3 read with Section 4 of the POCSO Act.