PRADEEP DHARMA DEOKULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant was convicted and sentenced by learned Special Sessions Judge, Pune (under POCSO Act) vide his Judgment and order dtd. 26/05/2022 passed in Sessions Case No.381 of 2015. The Applicant was convicted for commission of offences punishable under Sec. 376(f) and 376(j) of the I.P.C. and under Sec. 4 and 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act'). The applicant was sentenced to suffer R.I. for 20 years and to pay a fine of Rs.20000.00 and in default of payment of fine to suffer R.I. Gokhale for one year.

(2.) Heard Shri. Shailesh Kharat, learned counsel for the Applicant, Smt. Tidke, learned APP for the State/Respondent No.1 and Shri. Nagesh Khedkar, learned counsel for the Respondent No.2.

(3.) The prosecution case is that the applicant was cousin of the victim. He was victim's paternal aunt's son. According to the prosecution case, about four months prior to August 2015 the applicant took the victim to a secluded spot and committed rape on her resulting in her pregnancy. When her pregnancy was detected, the F.I.R. was lodged on 22/08/2015 at Loni Kalbhor police station and it was transferred to Wanawadi police station. The investigation was carried out. The applicant was arrested. The pregnancy of the victim was terminated but the D.N.A. samples were collected in respect of the fetus of the victim, the victim herself and the applicant. The D.N.A. profile testing was carried out. The report was that the victim and the applicant were the biological parents of the fetus. On this basis the applicant faced the trial.