KAMALAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to a judgment and order dtd. 17/2/2020, passed by Additional Sessions Judge- 3, Jalna in Special Case (POCSO) No.19/2016. Vide impugned judgment and order, the appellant has been convicted for the offence punishable under Sec. 376(2)(j) of the Indian penal Code and Sec. 2(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 sentenced to suffer rigorous imprisonment for ten years on both counts and fine with default stipulation. The appellant has also been convicted for the offence punishable under Sec. 3(xi) (xii) of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act and sentenced to suffer rigorous imprisonment for 2 years and fine with default stipulation. The substantive sentences have been directed to run concurrently. Though the appellant was held guilty for the offence punishable under Sec. 10 of the Protection of Children from Sexual Offences Act, no separate sentence was awarded.

(2.) A gist of the prosecution case is as follows :

(3.) The grandfather Chandrakant (P.W.2), the mother of the victim and some neighbours approached Bhokardan Police Station. P.W.1 lodged the First Information Report (F.I.R.) (Exh.37). Crime vide C.R. No.13/2016 came to be registered for offences punishable under Ss. 376(2)(i)(j) of the Indian Penal Code, Ss. 4, 8, 10 of the Protection of Children from Sexual Offences Act and Ss. 3(1) (xi) (xii) of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act. P.W.7 Ishwar, Dy. S.P., did investigation of the crime. Crime scene panchanama (Exh.28) was drawn. The victim was medically screened. Samples were obtained for chemical analysis and D.N.A. profile. Statements of persons acquainted with the facts and circumstances of the case were recorded. On completion of the investigation, the appellant came to be proceeded against. The trial Court framed the charge (Exh.24). The appellant pleaded not guilty. His defence is of false implication. It is his case that, there was a quarrel between wife of his brother and the mother of the victim. With a view to take revenge thereof, he has been framed.