ABDULLA ANIULHAQ ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the judgment dtd. 10/10/2019 in Special Case No. 211 of 2015. By the impugned judgment, the learned Addl. Sessions Judge & Special Judge, City Civil & Sessions Court, Borivali Division, Dindoshi, Mumbai has convicted the Appellant for offences under Sec. 376(2)(f) and 506 of Indian Penal Code and under Sec. 5 (n) r/w. Sec. 6 of Protection of Children from Sexual Offences Act (POCSO), and sentenced him to undergo

(2.) The Appellant (hereinafter referred to as "the Accused') is the father of the prosecutrix (PW2). The prosecutrix along with her siblings, parents and grand parents was residing at Zore Chawl, Mahatma Kabir Road, Vile Parle, Mumbai. Some time in the year 2013, the prosecutrix was housed in Dongri Bal Sudhar Griha in connection with theft of a laptop. About a month later, the accused brought her home. Some days later, she ran away from home and was seen loitering at Kalyan Railway Station. She gave fake name to the police on duty at Kalyan Railway Station. She was produced before the Committee. She was sent to Bhivandi Bal Sudhar Griha (Children's Home) and four months later, she was shifted to Dongri Bal Sudhar Griha.

(3.) In September, 2015, PW2 informed the Child Welfare Committee that the accused had subjected her to sexual abuse. Hence, by letter dtd. 8/9/2015, the Chairperson of the Child Welfare Committee directed the police to record the statement of the prosecutrix. Accordingly, PW5- Madhavi Kadav recorded the statement of the prosecutrix (PW2) pursuant to which FIR came to be registered against the Accused for offences under Sec. 376 (1)(ii) , 506 of IPC and Sec. 6 of POCSO Act. PW5 referred the prosecutrix for medical examination, she conducted spot panchanama, arrested the accused and handed over further investigation to PW6- Sudhir Ghosalkar. PW6 requested the Magistrate to record the statement of the prosecutrix under Sec. 164 of Cr.P.C. He also referred the accused for medical examination and recorded the statement of the other witnesses and filed the charge sheet upon completion of investigation.