SAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment of conviction and resultant order of sentence dtd. 12/11/2019 passed by learned Addl. Sessions Judge-10, Aurangabad, in Special Case (POCSO) No.134 of 2016, whereby the appellant has been convicted for the offences punishable under Ss. 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and therefore, sentenced to suffer rigorous imprisonment for ten years and five years and to pay fine of Rs.3,000.00 and Rs.1,500.00, respectively. In default of payment of fine, he has been directed to undergo simple imprisonment for three months and two months, respectively.

(2.) The facts, giving rise to the present appeal, are as under:-

(3.) Crime, vide C.R. No. 93 of 2016 came to be registered for the offences punishable under Sec. 376(2)(i), (j), and (l) and Ss. 4, 8 and 12 of the POCSO Act. The appellant was arrested same day. Clothes on the person of the appellant and "A " as well, at the time of commission of the offence in question, were taken charge of under panchnamas (Exh.43 and 44). The statements of the persons acquainted with the facts and circumstances of the case were recorded. Both "A " and the appellant were medically screened. The clothes on their person, vaginal swab, etc., were sent to C.F.S.L. for examination and report. On completion of the investigation, the appellant was proceeded against by filing charge sheet.