JANARDAN PANDURANGA KAPSE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Sec. 374 of Cr.P.C. directed against the judgment dtd. 15/5/2019 passed by Addl. Sessions Judge, Thane in Special Case (POCSO) No. 61 of 2018. By the impugned judgment, the learned Judge has held the Appellant guilty of offences punishable under Sec. 376 and 354(A)(1)(i) of the Indian Penal Code and Sec. 4 and 8 of Protection of Children from Sexual Offences Act, 2012, and has sentenced him as under:

(2.) The crime against the Appellant was registered pursuant to the First Information Report lodged by PW1- mother of the victim(PW2). PW1 had alleged that on 13/12/2017 at about 12.00 a.m. she heard her daughter crying. She was complaining of pain in her vagina. When questioned, her daughter narrated that whenever she and her friends used to go to play in the room of the Appellant, he used to give them chocolates. The Appellant used to send her friends out, and then latch the door from inside and touch and insert his finger in her private parts. The first informant confirmed that there was an injury on the private parts of the victim. She informed her husband about the incident and lodged the FIR (Exhibit 17) on 16/12/2017.

(3.) Upon registration of the Crime, the Investigating Officer recorded the statement of the victim girl (PW2). He conducted the scene of offence panchanama (Exh. 30) in presence of PW4 Roshan Belosay and PW4 Santosh Morey. He referred the victim girl for medical examination . She was examined by PW8 Dr. Nandini Deshmukh, a gynecologist at Thane Civil Hospital. On completing the investigation, chargesheet came to be filed.