RUPESH PARSHURAM FULARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Appeals are preferred under Sec. 374 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .') challenging the judgment and order dtd. 29/3/2017 passed by learned Additional Sessions Judge, Special Court, Mangaon, District Raigad in Special POCSO Case No.40 of 2015. The Appellant in Criminal Appeal No.398 of 2017 is convicted for the offence punishable under Sec. 376(f)(i)(n) of the Indian Penal Code, 1860 had sentenced to suffer rigorous imprisonment for 10 years and fine of Rs.2,000.00. He is also convicted for offence under Sec. 3(a) read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and sentenced to suffer imprisonment for 7 years and to pay fine of Rs.2,000.00. He is further convicted under Sec. 5(l) read with Sec. 6 of the POCSO Act and sentenced to suffer imprisonment for 10 years and fine of Rs.2,000.00. The Appellant in Criminal Appeal No.1061 of 2017 is convicted under Sec. 376(f)(i) of the Indian Penal Code, 1860 and sentenced to suffer imprisonment for 10 years. He is also convicted for offence under Sec. 3(a) read with Sec. 4 of the POCSO Act and sentenced to suffer imprisonment for 7 years. Substantive sentence of imprisonment was directed to run concurrently.

(2.) The prosecution case is as under:-

(3.) The prosecution examined PW1-victim girl, PW2-Dr. Ashwini Premnath Patil, PW3-Jaywant Kashinath Shinde, PW4- Shantaram Rama More, PW5-Riya Rajesh Jadhav, PW6-Dr. Ramesh Mohanrao Karad, PW7-Sarita Rameshrao Jaywant, PW8-Sharad Ganpat Nakti and PW9-PSI, Balkrishna Kashinath Salvi. The documentary evidence mainly consists of F.I.R. at Exhibit-30, spot panchanama at Exhibit-45, spot incidents at Exhibit-47 and 51, seizure memo at Exhibit-52, medical examination report at Exhibit-56, 57 and 59. Letters issued to medical officers at Exhibit- 60. Birth extract and school leaving certificate of victim at Exhibit 70 and 71, statement of victim girl under Sec. 164 of the CRPC at Exhibit 80 and DNA test reports at Exhibit-81 to 83.