SAMEER SALIM SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally with the consent of learned Advocates for the parties.

(2.) In this appeal, the challenge is to the judgment and order, dtd. 25/10/2021, passed by the learned Additional Sessions Judge, Akola, whereby the learned Judge, held the appellant/accused guilty for the offence punishable under Sec. 354(B) of the Indian Penal Code (for short 'the IPC') and for the offence under Sec. 7 punishable under Sec. 8 and under Sec. 9 punishable under Sec. 10 of the Protection of Children From Sexual Offences Act, 2012 (for short 'the POCSO Act') and sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10,000.00 and in default to suffer simple imprisonment for one month.

(3.) Background facts: The victim involved, in this crime, is an unfortunate girl, who was three years old at the time of the incident. The wheels of the prosecution were put into motion on the report of her grandmother to the Murtizapur police station. It is stated that the incident occurred on 7/2/2019 at about 4:30 p.m. The informant is the grandmother of the victim. She, alongwith the victim and her grandson, went to the neighbour's house. The victim and grandson were playing in an autorickshaw in front of her house. After some time, her grandson came to her and sat with her. She inquired about the victim girl. Her grandson told her that the victim had returned to the house. The informant went to the house and found that the victim was not there. Therefore, she went to search the victim. On the way, she met her brother-in-law, who at the time of the incident was nine years old and on inquiry, he told her that one boy from the locality took the victim with him. The informant took search of the victim. She noticed the victim coming out of the house of the said boy. The victim was crying. She consoled the victim and inquired with her about the cause of her annoyance. The victim narrated the incident to her. The informant went to the house of the accused. The informant saw that the accused was lying naked in his house. The name of the said boy, according to the informant, is Sameer Shah S/o. Salim Shah. The people gathered on the spot when the informant raised the shouts. The people caught hold of the accused and took him to the police station. The victim, thereafter, narrated the incident to her in detail. The informant went to the police station and lodged the report. On the same day, at about 9:35 p.m., on the basis of her report, the crime bearing No. 36 of 2019 was registered against the accused for the above offences.