KAMLESH JANARDHAN WALDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, the appellant/accused has challenged the Judgment and order dtd. 21/07/2018 passed by the learned Special Judge in Special Criminal (Child) Case No.33/2016, whereby the learned Judge convicted the appellant for the offence punishable under Sec. 376(2)(i), 354-A, 506 of the Indian Penal Code and under Ss. 6, 8 and 12 of the Protection of Children from Sexual offences Act, 2012 (for short, "POCSO Act") and sentenced him to suffer life imprisonment. No separate sentence was awarded for the offence punishable under Sec. 354-A of the Indian Penal Code and under Sec. 6, 8 and 12 of the POCSO Act. The facts are as follows :-

(2.) In this case, there are three child victims aged about 5, 6 and 7 years respectively. In order to protect the identity of the victims, their names are masked in the Judgment. The victim children were ravished by the appellant in a span of one year. The mother of victim 'A' lodged a report of the incident at Jawaharnagar Police Station. On the basis of report, a crime bearing No.81/2016 was registered against the appellant. The informant reported to the police that the appellant and three victims are residing in the locality namely; Suyog Nagar, Rajedahegaon. The informant had cordial relations with the family of the appellant. It is stated that on 24/08/2016, the mother and the brother of the appellant came to the house of the informant and quarreled with her. They alleged that the informant spread the false information about the appellant and as such, defamed the appellant and their family. In the said incident, those persons assaulted the mother of informant. While narrating the prelude to the incident, it is stated that prior to this incident, daughter of the informant victim 'A' had informed the informant on 11/08/2016 that 2 - 3 days prior at noon, she had gone to the house of the appellant and was watching TV in the house of the appellant. The appellant called the victim 'A' near to him. Nobody was present in the house of the appellant. The appellant removed his pant and asked the victim 'A' to shake his private part. The appellant had threatened the victim 'A' not to disclose the said incident to anybody, otherwise he would hang her upside down. It is stated that thereafter, the informant narrated this incident and conduct of the appellant to his family members. The family members did not like it and therefore, they quarrelled with the appellant on 24/08/2016. The appellant, thus outraged the modesty by sexual harassment and assault on the daughter of informant.

(3.) After the quarrel on 24/08/2016, the incident became known to the people. The parents of the victims 'P' and 'S', thereafter got emboldened and came forward. The father of the victim 'P' disclosed that one year ago, his daughter was ravished by the accused by giving inducement of chocolate. The appellant took his daughter to the house which was under construction and asked her to remove her underwear and thereafter, he committed sexual intercourse with her. The grand-mother of victim 'A' also came forward. She informed that her grand-daughter was also subjected to sexual intercourse by the appellant by giving inducement of chocolate. All the three victim girls were lured and ravished by the appellant. He threatened them that he will hang them upside down, if they disclose the incident to anybody. The informant - mother of victim 'A' thereafter went to the police station. The father of the victim 'P' and grand-mother of victim 'S' accompanied her. On 25/08/2016, the mother of victim lodged a report. The report was signed by the father of the victim 'P' and grand-mother of victim 'S'. On the basis of this report, the wheels of the investigating machinery were put into motion.