PRAFUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is filed by convicted accused being aggrieved by the judgment and order in Special (POCSO) Case No. 92/2018. The accused is prosecuted for the offences punishable under Ss. 376 (2) (i) (j) and 450 of Indian Penal Code (in short, IPC) and Ss. 4 and 6 of the Protection of Children from the Sexual Offences Act, 2012 (in short, POCSO Act).

(2.) The case of prosecution is that the mother of victim i.e. complainant lodged the report in Police Station Sindewahi that, on 07/10/2018 at about 9.00 a.m., she had gone for washing the clothes at lake. Her husband had gone to Wardha District for agricultural work. Her son namely Bhushan had gone for playing. At that time, victim was present alone in the house. At about 11.00 a.m., when the complainant came back from the lake, her son named Bhushan informed her that the main door of the house was locked from inside, when he reached to the house after playing. So, he peeped from the window of the house and saw one bothari was lying on the cot and two feet were uncovered from the bothari, it was visible. So, he knocked the door. After some time, it was opened from inside, and victim and accused came out from the house. After enquired by the complainant to victim, victim told her that she was alone in her house and was lying on the cot. That time, accused came inside the house. He locked the main door from inside and slept by the side of victim on the cot. He covered himself and the victim under the bothari. Thereafter, he opened his pant chain and got down the slacks of the victim and inserted his penis into the vagina of victim. Thereafter, she heard the noise of knocking. So, accused and victim opened the door. Thereafter, the complainant took the victim and went to Police Station, Sindewahi on the same day and lodged the report.

(3.) The offence came to be registered on the basis of report. Then, the Medical examination of the victim came to be conducted. Spot panchanama was prepared. The clothes of victim were seized. The blood sample and medical samples of victim collected. Police recorded the statements of witnesses and arrested the accused and also his clothes were seized. The medical examination of the accused was also conducted. After completion of investigation, the police filed the charge-sheet.