PARVEJ KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Instant appeal arises out of the judgment and order of conviction passed by learned Sessions Judge, Parbhani in Special Case (POCSO) No. 01 of 2019 dtd. 3/7/2019 by which appellant is held guilty for commission of offence punishable under Ss. 376AB, 506, 323 of the Indian Penal Code [IPC], Sec. 3(i)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [SCST Act] and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act] and sentenced to suffer rigorous imprisonment for life till remainder of his natural life and to pay fine as enumerated in the impugned order.

(2.) The conspectus of the prosecution case is that, PW6 victim, a six years old girl studying in 1st standard, appeared for drawing exams on 1/11/2018 and she was returning back home by walk. On the way, she was intercepted by unknown person, who posed himself as friend of her father and offered her chocolate as well as lift and so she accompanied him. Instead, he took her to an abandoned building near MSEDCL office and there he committed forceful sexual assault. Victim returned home. Seeing her condition, PW1 i.e. her father made inquiries with her and she promptly reported the events which took place with her and was taken by parents to their landlord, who himself is a doctor. He also made inquiries with the victim and thereafter he made telephone call to police, who came and took victim as well as her parents to police station where PW1 father set law into motion and crime was duly registered which was investigated by PW20 API Alewar and PW21 SDPO Gherdikar respectively. Investigation revealed involvement of appellant herein and so he was duly arrested and after carrying out investigation, he was challaned.

(3.) By instant appeal, the above judgment is questioned by learned senior counsel primarily on following grounds: