BABUL KHAN WALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged his conviction under Sections 376 and 506(2) of the Indian Penal Code recorded by the Special Judge (POCSO Act), Aurangabad dated 10/07/2019 in Special Case Child Prot. No. 38/2017. The appellant has been sentenced to 10 years rigorous imprisonment and fine of Rs. 2,500/-, in default to further suffer rigorous imprisonment for three months for the offence punishable under Section 376 of Indian Penal Code and has been sentenced to undergo rigorous imprisonment for one year and fine of Rs.1,000/-, in default to further suffer rigorous imprisonment for one month for the offence punishable under Section 506(2) of the Indian Penal Code. Appellant came to be acquitted under Sections 4, 6, 8 and 12 of the POCSO Act as age of the victim could not be proved to be of 14 years at the time of the incident.

(2.) Facts leading to this appeal can be succinctly stated as under:

(3.) The victim has alleged that on 16/12/2016 her mother had gone to Chikhalthana. Therefore, the victim and her father (the appellant) were at home. After having dinner, the victim went off to sleep. At 10.00 p.m., the appellant slept beside her and pressed her breast. The victim woke up. The appellant asked her to remove her salwar. The victim resisted his advances. The appellant took off her salwar and took off his undergarments and placed his penis on her vagina and tried to insert it but he could not insert it. Thereafter, the victim went off to sleep again.