DILIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction by the learned Special Judge, under the POCSO Act/Sessions Judge, Nanded in Special Case No.35 of 2014 dtd. 16/5/2016, whereby the accused was held guilty of committing offence punishable under Sec. 376(1) of Indian Penal Code and Sec. 5(m) punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO Act").

(2.) The prosecution story in short is that informant is the mother of the victim. Victim was aged 6 years and she has one sister and brother aged 3 and 1 years respectively. The father of the victim was a labour. The grandmother (mother's mother) of the victim resides adjacent to the house of the victim. Accused resides behind the house of the victim and the informant used to go to his house for fetching drinking water.

(3.) The prosecution story further is that the informant lodged report with Kinwat Police Station, District Nanded on 9/9/2014 disclosing that she had gone to the weekly Bazar around 2.00 p.m. on 8/9/2014. The children were at home. After purchasing necessary articles, she came back to the house and she found that the victim was in frightened condition. Informant asked her as to what has happened, then the victim pointed out towards her private part and told that it is paining. The mother checked the daughter and found that blood was oozing from the private part and it was swollen. Therefore, she asked as to what has happened, then the victim told her in her language i.e. Lamhani that the accused had offered one rupee when she was playing in front of the house and took her with him. Her mouth was gagged and he has committed rape on her. The informant told the said fact to her mother and then they went to the house of the sister of the accused and told her the said fact. After returning to house, informant informed the said fact to the Police Patil and Deputy Sarpanch. The father of the victim had not returned early. Therefore, she went to police station on the next day and lodged the report.