IDRIS RAJARAM MORYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dtd. 21/12/2016 passed by the Special Court for Protection of Children from Sexual Ofences Act, Greater Bombay in POCSO Case No. 437 of 2014. By the impugned judgment and order, the appellant, who was accused before the trial court, has been convicted for the ofence punishable under sec. 376 (2)(f) of the Indian Penal Code, 1850 (for short "IPC ") and sentenced to sufer life imprisonment. The appellant/accused has been further convicted for the ofence punishable under sec. 6 of Protection of Children from Sexual Ofences Act, 2012 (for short "POCSO Act ") and sentenced to sufer life imprisonment. Both the substantive sentences are directed to run concurrently.

(2.) It is the case of the prosecution that during the relevant period, the complainant Seemavati (PW-2) was residing with her husband (accused), her daughter (the prosecutrix aged about 10 years), her son (PW-4) aged about 11 years and one more daughter aged about 7 years at Annabhau Sathe Nagar, Haunmant Chawl, Mankhurd, Mumbai. PW-2 was working as Sweeper in the ofce at Navi Mumbai. The son (PW-4) was studying and staying in the hostel at Gandhi Dham in State of Gujarat.

(3.) According to the prosecution, on 13/6/2014, PW-2 had gone to Gujarat to drop her son (PW-4) at his hostel and came back on 15/6/2014. During the said period, the accused, the prosecutrix and the younger daughter of PW-2 were at home. According to the prosecution, during the said period the accused committed rape on the prosecutrix.