SAGAR RAMESH JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and order dtd. 17/01/2022, passed by learned Extra Joint Additional Sessions Judge, Karad, in Special Case No.65 of 2018. The Appellant was convicted for commission of offence punishable U/s.354-A of the I.P.C. and was sentenced to suffer R.I. for one year and to pay a fine of Rs.10000.00 and in default of payment of fine to suffer R.I. for three months. He was also convicted for VINOD BHASKAR GOKHALE commission of offence punishable U/s.7 r/w. Sec. 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act') and was sentenced to suffer R.I. for three years and to pay a fine of Rs.10000.00 and in default of payment of fine to suffer R.I. for six months. Both the substantive sentences were directed to run concurrently. The appellant was acquitted from the charges of commission of offence punishable U/s.11 r/w. Sec. 12 of the POCSO Act.

(2.) The prosecution case is that the victim in this case was about 12 years of age. Her date of birth was 10/06/2006. The incident had occurred on 29/09/2018. On that day, at around 12.00p.m. the victim had gone to a sugarcane field. It is alleged that the appellant came from behind, took her in his arms and was trying to make her fall on the ground. She rescued herself and ran away. She met one woman from the village. Both of them came back. The victim's father was informed. On the next day, he went to the police station and lodged the F.I.R. vide C.R.No.440 of 2018 at Karad Taluka police station. The investigation was carried out.

(3.) Heard Ms. Hema Whaval, learned appointed advocate for the Appellant, Shri. Agarkar, learned APP for the State/Respondent No.1 and Shri. Swapnil Ovalekar, learned appointed advocate for the Respondent No.2.