SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dtd. 3/9/2020 passed by Additional Sessions Judge, Latur in Special Case (POCSO) No. 35 of 2014, thereby convicting the appellant for offence punishable under Sec. 376 (1) of the Indian Penal Code read with Sec. 6 of the Protection of Children From Sexual Offences Act and sentencing him to suffer Rigorous Imprisonment for 7 years and to pay a fine of Rs.500.00, in default of payment of fine to suffer simple imprisonment for two months.

(2.) Prosecution case, in short, is that the informant (PW-2) was residing with her family in the field of Munna Mandade at Mauje Shivani. On 3/7/2014, since she was not feeling well, she along with her daughter went to hospital at Pan Chincholi, at about 3.00 p.m. Her husband had gone to village Nandiyal. Her son had gone for work at Gondri. Her daughter - victim, aged 10 years was alone in the house. When she returned home at 5.30 p.m. the victim came to her crying and on being asked the victim told that worker in the field of Bukke had come and asked water for drinking and when she was giving water to him, he picked her up, took in cattle shed, gagged her mouth by cloth, pushed her on fodder and raped her by removing all her clothes. At that time, Ganesh (PW-6) came there and on seeing him, the accused ran away. The informant narrated the incident to her husband and thereafter lodged report (Exhibit-45) at Ausa Police Station, on the basis of which Crime No. 122 of 2014 was registered for offence punishable under Sec. 376 (2) (i) of the Indian Penal Code and under Sec. 3, 5 and 6 of the Protection of Children From Sexual Offences Act. After completion of investigation charge sheet came to be filed.

(3.) Charge for offence punishable under Sec. 376 (2) (i) of the Indian Penal Code read with Sec. 6 of the POCSO Act was framed against the appellant - accused, which he denied and claimed to be tried.