MANOJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being dissatisfied with the Judgment and Order of the learned Special Judge (POCSO), Ahmednagar passed in Special (POCSO) Case No.199 of 2017 dtd. 18/12/2019, the accused has preferred this appeal under Sec. 374 of the Criminal Procedure Code.

(2.) The parties will be referred to their original position.

(3.) The prosecution case in brief was that the victim was residing with her family in a chawl. The accused was also residing in one of the rooms in the same chawl. The victim was six and a half years old at the time of the incident. On 11/5/2017 at about 10.30 pm, the victim and her family had their dinner. Her mother, who was the first informant, was cleaning the utensils in the house. The victim told her that she was getting hot and wanted to sit out in the air. After finishing her work, she gave a call to the victim, but she did not respond. Therefore, she searched for the victim. However, she did not find her. When she was returning home, she noticed that the electric light in the room of the accused was on. Therefore, she peeped inside the room from the window. She found the victim in the said room. Therefore, she went inside the room and brought her out. She also noticed that her halfpant was blood-stained. She checked her and found bleeding on her anus. That time, the victim told her by weeping that the accused took her inside the room, locked the door from inside, switched off the light, threatened her to beat, pressed her mouth and inserted his penis into her anus. The first informant called her husband from his job. He came there and confirmed the facts from the victim. They slept over the night and lodged the report the next day, i.e., on 12/5/2017. On the report of the first informant, the Police Station Raver, District Ahmednagar, had registered the crime bearing No.88/2017 for the offence punishable under Sec. 376(2)(i), 377 and 342 of the Indian Penal Code and under Sec. 6 of the Protection of Children From Sexual Offences Act (for short 'POCSO Act').