SUNIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction by the learned Special Judge, under POCSO Act, Dhule in Special (POCSO) Case No.40 of 2015 dtd. 25/10/2016 after holding him guilty of committing offence punishable under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act"), under Sec. 376 (1)(2)(i), 341, 506 of Indian Penal Code.

(2.) Prosecution has come with the case that P.W.5 is the father of victim. Victim was aged 14 years on 24/8/2015 and had taken education up to 7th standard. Thereafter, she has left the schooling from the said year. On 22/8/2015, victim had gone to Wanjartanda for religious ceremony at the place of sister-in-law of the informant. Around 3.00 a.m. on 24/8/2015, informant received phone call from his nephew (brother's son) informing him that he should immediately come to Konkangaon. Though informant asked him the reason for which he has called, the nephew did not disclose. Immediately he went to Konkangaon on motorcycle. After reaching the said place, his nephew told that around 8.00 a.m. in the morning i.e. the earlier day, the victim had gone for answering nature's call out of the house. When she returned, he found that she has sustained injury near her eyes, hands and back. At that time, he asked her as to what had happened, but she has not disclosed anything. She was found frightened and, therefore, the informant was called. Informant had also tried to make his daughter comfortable and asked about the incident, but she was not ready. Therefore, informant took the victim along with him and came to his house. In the house informant's wife/victim's mother asked her as to what has happened, then the victim informed that when she had gone for answering nature's call, around 8.00 a.m., accused who had came to stay with his maternal aunt, whose house was behind the house of sister-in-law of the informant, obstructed her way, took her to field and after undressing her, had forcible sexual intercourse. When she resisted, she was assaulted by the accused and threatened that if she discloses the incident to anybody she would be killed and, therefore, she had not disclosed the incident to anybody. After informant's wife disclosed the narration of the victim to the informant; informant and victim went to police station and lodged the FIR.

(3.) On the basis of the said FIR offence vide Crime No.62 of 2015 was registered. The victim was sent for medical examination. Panchanama of the spot was got executed. Statements of the witnesses were recorded. Accused came to be arrested. He was also got medically examined. The clothes of the victim as well as accused came to be seized and along with the other seized muddemal, those articles were sent for chemical analysis. After the completion of investigation, charge-sheet was filed.