MAHADEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged the judgment and order dtd. 17/10/2019 passed by the Additional Sessions Judge, Baramati in Special (POCSO) Case No.8/2015. The appellant was convicted and sentenced as under:

(2.) Heard Shri Sachin Punde, the learned counsel for the appellant, Smt. M.R. Tidke, the learned APP for the Respondent No.1-State and Ms. Rebecca Gonsalvez, the learned appointed counsel for the respondent No.2.

(3.) The prosecution case, in brief, is that the applicant was a distant relative of the victim. The date of birth of the victim was 18/5/2010. The incident took place on 28/11/2014. The victim had gone to the shop of the appellant to buy sweets. The appellant took advantage of the situation and took her inside his house and committed rape on her. The victim returned home and told this incident to her mother, who went to the appellant's shop but it was closed. Thereafter she approached the police station and lodged her complaint. The FIR was lodged at Yavat police station vide C.R. No.366/2014. The victim was sent for medical examination at Sassoon Hospital. Her clothes were seized. The appellant was arrested on 28/11/2014 in the night itself. His clothes were also seized. The statements of witnesses were recorded. The clothes were sent for chemical analysis. At the conclusion of the investigation, the charge-sheet was filed. The case was committed to the Special Court.