BALU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal the appellant impugns judgment and order dtd. 29/08/2018, passed by the learned Judge, Special Court and Additional Sessions Judge, Jalna, in Special Case (Child) No.24/2017, thereby convicting and sentencing appellant as under:-

(2.) The prosecution case, in short, is that victim is six years old son of informant (PW1). On 23/02/2017 there was procession at the village to celebrate electoral victory of informant's nephew in Panchayat Samiti election. In the evening, PW1 was standing near the village entrance gate (osl). At that time, victim (PW2) came towards him crying and informed him that accused Balu committed unnatural sex with him by inserting penis in his anus. PW1 took victim to their house, where the victim narrated the incident to his mother (PW8). PW8 removed pant of the victim and found that there was slight bleeding and swelling to victim's anus. PW1 and other family members searched for the accused. He was found in the crowd of procession. He was brought to the house of informant and victim identified him as accused. PW1 then lodged report (Exhibit-33) with police on 23/02/2017, which was registered at Crime No.24/2017, for offence punishable under Sec. 377 of IPC and Ss. 3 and 4 of the POCSO Act. After completion of investigation charge-sheet was filed. Appellant was charged under Sec. 377 of IPC and Sec. 6 of the POCSO Act. The appellant pleaded not guilty.

(3.) Prosecution in support of it's case examined 11 witnesses. The defence of the appellant was of false implication due to rivalry over political factionalism, following the Panchayat Samiti election. After appreciation of evidence, Special Court convicted appellant as aforestated. Hence the appeal.