RODU BHAGA WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The counsel for the respondent no.2 has invited my attention to the impugned judgment, and in specific the sentence imposed upon the accused, on being found guilty of committing an offence under Ss. 4 and 6 of the Protection of Children from Sexual offences Act. He would submit that on being convicted under Ss. 4 and 6 of the Act, even before the Amending Act, 25 of 2019 was introduced in the statute, under Sec. 4, it was not permissible to impose a punishment less than 7 years and on being convicted for an offence under Sec. 7, the Judge had no discretion to impose a punishment lesser than 10 years. The counsel is justified in making the submission, but the question is whether the prosecution had made out the case for penetrative sexual assault and aggravated penetrative sexual assault.

(2.) On the information received from the mother of the victim girl aged 10 years and 8 days, when she had disclosed about an incident, which had occurred on 21/10/2018, CR No. I- 167 of 2018 was registered, which invoked Sec. 376(1), 376(3), 376-AB of the IPC and Sec. 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act. The statement of the victim girl was recorded under Sec. 164 of the Code of Criminal Procedure and on completion of investigation, the charge-sheet was filed.

(3.) Charge was framed against the accused for offence punishable under Sec. 376-1A, 506 of IPC and Sec. 4 and 6 of the POCSO Act. During the course of trial, the Special Judge attempted to determine whether the prosecution has proved that the accused committed sexual intercourse with her and committed an offence under Sec. 376-1A of IPC. He also proceeded to determine whether the prosecution had proved that the accused committed penetrative sexual assault on the minor and committed an offence under Sec. 4 r/w Sec. 3 of the POCSO Act and whether the accused had committed aggravated penetrative sexual assault, which amounted to an offence punishable under Sec. 6 r/w Sec. 5 of the POCSO Act.