SHRI VIKAS SHANTARAM SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order of conviction dtd. 9/10/2019 passed in Special Case No.4 of 2018 whereby the Appellant was held guilty for the offence under Ss. 376(2)(i)(j)(n) and 506 of Indian Penal Code (IPC) and under Ss. 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 (POCSO Act). The Trial Court has imposed sentence to suffer Rigorous Imprisonment for 10 years and to pay fine of Rs.20,000.00 with default clause, for the offence punishable under Sec. 6 of the POCSO Act. No separate punishment was awarded for the offence of rape by virtue of Sec. 42 of the POCSO Act. For the offence punishable under Sec. 506 of the IPC, accused was sentenced to suffer Rigorous Imprisonment for 1 year along with fine of Rs.5,000..00 The Trial Court directed that both the sentences shall run concurrently.

(2.) The accused was in jail during the trial as well as during pendency of this appeal.

(3.) The prosecution case can be stated in brief that the victim- girl aged 13 years 8 months, was a school going intellectually disabled child of informant lady. The victim-girl missed her menstrual cycle somewhere in the month of June, 2017. After few months i.e. on 10/11/2017, informantmother took her to the hospital for said purpose. During examination, it was diagnosed that victim was pregnant. On enquiry, victim-girl disclosed about the incident of forcible sexual intercourse committed by accused on several occasions. Immediately victim 's mother lodged report to the police on the very day i.e. on 10/11/2017. On the basis of said report, police registered crime and carried investigation. During course of investigation, panchanama regarding place of occurrence was drawn. Clothes of the victim were seized. Accused was arrested. Birth certificate of victim was collected. Samples were extracted for DNA profile. During mean time, the victim delivered a male child on 10/3/2018. Again samples of new born baby were extracted for DNA testing. After completing the usual formalities of investigation, final report was came to be filed.