RAMCHANDRA SHRIMANT BHANDARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence recorded by the learned Special Judge under POCSO Act at Greater Mumbai on 20/11/2017 in POCSO Case No.94/2014. The appellant was convicted for commission of offence punishable under Sec. 354 of the Indian Penal Code read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'). He was sentenced to suffer RI for five years and to pay fine of Rs.5,000.00 and in default to undergo RI for six months. He was granted benefit of set off under Sec. 428 of Cr.P.C. The judgment mentions that the appellant was in custody from 13/12/2013 till 21/7/2014 and then was re-arrested on 26/7/2017 and was in custody till the date of the order.

(2.) Heard Shri Sushan Mhatre, learned counsel for the appellant and Shri Yogesh Dabke, learned APP for the State.

(3.) The prosecution case is that on 11/12/2013 at about 1.00 p.m., the appellant approached the victim who was about five years of age on that date. He touched and pinched her private parts and thus committed offence punishable under Sec. 8 of POCSO Act and under Sec. 354 of IPC. The FIR was lodged at the midnight. The appellant was apprehended by the people from the locality, was brought to the police station then he was arrested. The investigation was carried out and the charge-sheet was filed. During trial, the prosecution examined four witnesses : PW-1 was the victim herself, PW-2 was the victim's mother, PW-3 was the investigating officer and PW-4 was the Medical Officer.