VISHNU @ BALU NAMDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order, dtd. 15/3/2022, passed by the learned District and Sessions Judge-11, Nagpur (for short 'the learned Judge'), whereby the learned Judge, convicted the appellant/accused for the offences punishable under Ss. 366(A), 376(2)(n) of the Indian Penal Code (for short 'the IPC') and Ss. 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 (for short 'the POCSO Act') and sentenced him to suffer rigorous imprisonment for ten (10) years and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand Only) and in default of payment of fine to suffer simple imprisonment for three months for the offences punishable under Sec. 376(2)(n) of the IPC and Ss. 4 and 6 of the POCSO Act and he is further sentenced to suffer rigorous imprisonment for three (03) years and to pay a fine of Rs.5,000.00 (Rupees Five Thousand Only) and in default of payment of fine to suffer simple imprisonment for one month for the offence punishable under Sec. 366(A) of the IPC.

(2.) Background facts:

(3.) On the basis of this report, the crime bearing No. 314 of 2017 was registered against the appellant. PW- 7 Nitin Agase carried out the investigation. The investigation was later on took over by PW-8 Devanand Lonare. The victim was referred for medical examination. The statement of the victim under Sec. 164 of the Code of Criminal Procedure (for short 'the Cr.P.C.') was recorded. The police drew the spot panchanama. The seized samples had been sent for analysis to RFSL, Nagpur. After completion of the investigation, the charge-sheet was filed against the appellant.