ASIF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is the original accused, who has been convicted in Special Case (POCSO) No.173 of 2016 by learned Special Judge/ Additional Sessions Judge, Aurangabad on 11/12/2017.

(2.) The prosecution story is that the victim who is aged 6, residing in the neighbourhood of the accused along with the informant - mother and family members, was playing outside the house around 3.00 p.m. on 4/8/2016. The accused took her to his house where nobody was there and he had forcible sexual intercourse/penetrative sexual assault on the victim.

(3.) After the alleged incident, the victim immediately informed the said fact to her mother. The father of the victim came to house around 5.00 p.m. and thereafter, they went to Police Station to lodge report. After the report Exhibit-18 was lodged, the victim was sent for medical examination. The accused came to be arrested. Panchanama of the spot came to be executed. Statements of the witnesses were recorded under Sec. 161 of the Code of Criminal Procedure (for short "Cr.P.C.") as well as 164 of Cr.P.C. by learned Judicial Magistrate First Class. The record regarding the date of birth of the victim has been collected from the school, where she used to take education. The clothes of the victim as well as accused came to be seized and they were sent for chemical analysis. After the completion of the investigation, charge-sheet was filed before the learned Special Judge under the POCSO Act.