SAFRAJ @ IQBAL FARIDULLA KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged the judgment and order dtd. 20/2/2019 passed by the Additional Sessions Judge for Greater Bombay in POCSO Special Case No.151/2016. The appellant was convicted and sentenced as follows :

(2.) Heard Shri Ganesh Bhujbal, learned appointed counsel for the appellant, Shri S.R. Agarkar, learned APP for the respondent No.1-State and Shri Veerdhaval Kakade, learned appointed counsel for the respondent No.2.

(3.) The prosecution case, in brief, is that the appellant was a relative of the victim's father. The victim was five years of age at the time of incident dtd. 15/2/2016. The date of birth of the victim was 10/11/2011. On that date, in the evening the victim was taken by his father to his factory. He was left in the custody of the appellant and other co-workers. After some time the appellant dropped the victim to the victim's house. The victim told his mother about the offence committed by the appellant. The description of the offence fulfills all the ingredients of Sec. 377 of IPC and other Sec. of POCSO Act. The victim's mother informed the victim's father. Then the police were informed. The FIR was lodged vide C.R. No.80/2016 at Wadala T.T. Police Station. The appellant was arrested. Statements of the witnesses were recorded. The appellant and the victim were sent for medical examination. Medical swabs from the mouth of the victim were collected. The clothes were collected. The articles were sent for chemical analysis. At the conclusion of the investigation, charge-sheet was filed and the case was committed to the Special Court.