AJAY KESHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dtd. 4/8/2020 passed by the Additional Sessions Judge, Chandrapur in Special POCSO Case No. 42 of 2018, convicting the appellant for the offences punishable under Sec. 376(2)(f)(i) of the Indian Penal Code (hereinafter referred to as "IPC") and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as "POCSO Act"), whereby the appellant-who shall be referred to as the 'accused' is convicted as follows: <IMG>JUDGEMENT_130_LAWS(BOM)12_2022_1.jpg</IMG>

(2.) The prosecution story in short is that, the accused is the paternal uncle of the victim who was minor and aged about four years and four months at the time of incident. The informant, mother of the victim lodged the report on 3/4/2018 inter alia stating that on 1/4/2018 at about 8 am, her husband went to duty at Manikgadh Cement Company and from there to Nagpur. At about 9.30 p.m., the informant, the victim and the accused took meal. After finishing their food the informant went for walk. The accused and the victim were present in the house. The informant returned to the house after an hour. Thereafter, the accused left the house. On the next day at about 12.00 noon while the informant was giving bath to the victim and applied soap to the private part of the victim, she started to cry because of burning sensation. Upon seeing the informant found the said area reddish in colour and there was an injury. Thereupon, she inquired with the victim. At that the victim told her that the accused by pressing her mouth removed her cloths and he by opening chain of his pant slept on her person and put his penis on her private part.

(3.) Thereafter, immediately the informant made phone call to her husband and narrated the entire incident to him. However, her husband asked her that they will inquire regarding matter. Hence, she did not lodge the report on that day. Thereafter, the victim narrated the entire incident to her grandparents. Accordingly, the report was lodged. Thereupon the Crime No. 149 of 2018 was registered and after investigation was over, the chargesheet was filed against the accused for the offences punishable under Sec. 376(2)(f)(i) of IPC read with Ss. 4 and 6 of POCSO Act.