DEEPAK PANDURANG RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, the challenge is to the judgment and order, dtd. 13/11/2021, passed by the learned District Judge-2 and Special Judge (POCSO Act), Wardha (for short 'Special Amendment Judge'), whereby the learned Special Judge, held the appellant/ accused guilty of the offences punishable under Sec. 376(1) of the Indian Penal Code (for short 'the IPC') and under Sec. 4 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.7,000.00and in default of payment of fine to undergo simple imprisonment for one year.

(2.) Background facts:

(3.) PW-10 carried out the investigation. He drew the spot panchanama. He forwarded the victim for a medical examination. The accused was arrested on the next day. The clothes of the victim and the accused were seized. The clothes of the accused were forwarded for medical examination. The blood and other samples were collected. The samples were sent to FSL, Nagpur for analysis. The investigating officer collected the documentary evidence with regard to the birth date of the victim. On completion of the investigation, the investigating officer filed the charge-sheet.