ANIL ATMARAM GURUBAKSHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order of conviction and consequential sentence passed by the Court of Special Judge, Nandurbar in Special Case, No.22/2021. Vide impugned judgment and order, the appellant was convicted for offence punishable under Sec. 10of the Protection of Children from Sexual Offences Act (POCSO Act for short) and, therefore, sentenced to suffer rigorous imprisonment (R.I) for seven years and to pay a fine of Rs.50,000.00 with default stipulation. The appellant is, however, acquitted of the offences punishable under Ss. 376-AB of the Indian Penal Code and under Ss. 4 and 6 of the POCSO Act. The State has not preferred appeal against acquittal.

(2.) The prosecution case is as follows :-

(3.) Crime vide C.R. No.238/2021 came to be registered and investigated as well. The victim was medically screened. The appellant was arrested. He too was medically screened. Scene of offence panchanama was drawn. Clothes on the person of both, the victim and the appellant at the relevant time were seized. Blood sample and the clothes were sent to C.F.S.L. for analysis and D.N.A. profiling. On completion of the investigation, the appellant was proceeded against.