CHANDRAKANT MAHADEV TAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Sec. 374 of the Code of Criminal Procedure, 1973, challenging the judgment and order dtd. 22/02/2019 in Special Case No.2 of 2017, Ratnagiri.

(2.) By the impugned judgment, the learned Special Judge (POCSO) has held the Appellant (hereinafter referred to as 'accused') guilty of offences punishable under Ss. 376(2)(i)(j), 354, 504 and 506 of IPC and under Ss. 3 r/w 4 and 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act'). The accused has been sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.25,000.00 i/d. to suffer simple imprisonment for six months for offence punishable under Sec. 4 of the POCSO Act. He is also sentenced to undergo rigorous imprisonment for two years each for offences punishable under Ss. 504 and 506 of the IPC.

(3.) The case of the prosecution in brief is that on 20/11/2016 at about 5.00 p.m. the victim, a child of about 12 years of age had gone to the house of the accused to give him an invitation card. It is alleged that that the accused sexually assaulted her and subjected her to penetrative sexual assault. The accused is also alleged to have threatened the victim not to disclose the incident to anyone. The victim narrated the incident to her mother PW7 and sister-(PW2). She questioned the accused about the incident but the accused denied having committed any offence. He further abused and threatened them. PW7 called her husband, who was in Mumbai and told him about the incident. After he returned home, the victim lodged the FIR against the accused. Pursuant to which crime was registered against the accused for offences punishable under Ss. 376(ii), 504, 506 of IPC and Sec. 4 of the POCSO Act. PW10-PSI Anjana Phalake investigated the crime. She recorded the statements of the victim, referred the victim for medical examination, conducted scene of offence panchanama and seized all the incriminating material including the clothes of the victim. She recorded the statements of the witnesses and upon completion of the investigation filed the charge sheet against the accused.