RAJAN GAURISHANKAR CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged the judgment and order dtd. 18/2/2019, passed by learned Special Judge, Raigad-Alibag, in Special (POCSO) Case No. 19 of 2018. The appellant was convicted and sentenced as follows:

(2.) Heard Shri. Vivek Arote, learned Counsel for the appellant, Shri. Agarkar, learned APP for the State/respondent No. 1 and Ms. Grishma Lad, learned Appointed Advocate for the respondent No. 2.

(3.) The prosecution case is that, the victim, her mother and her brother were residing with the appellant. The victim's mother was in a relationship with the appellant. He was looking after the entire family. The victim's biological father was residing in Bihar. The appellant's wife was residing separately. The victim's date of birth was 20/5/2005. The subject-matter of the F.I.R. was an incident dtd. 17/1/2018. On that day, in the morning, the victim and her brother were in the house with the appellant. The victim's mother had gone to attend her duties. The appellant sent the victim's brother outside the house on the pretext of buying something. During that period, he removed his own clothes. He removed the clothes of the victim and touched her private parts with his private parts. He kissed her and pressed her breast. When her mother came back from her duties, she found that victim's lips were swollen. She made inquiries with the victim. The victim told her about the incident. The victim's mother discussed this with her colleague and then approached the Police Station. The offence was registered at Kamothe Police Station vide C.R. No. 11 of 2018 on 18/1/2018. The appellant was arrested on that day itself. The investigation was carried out. The statements of various witnesses were recorded. The victim was referred for medical examination. Even the appellant was medically examined. The victim's clothes and the appellant's clothes were sent for chemical analysis. On the completion of the investigation the charge- sheet was filed and the case was committed before the Special Court.