MANSARAM SAHADEORAO DHURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the Judgment and order, dtd. 20/4/2022, passed by the learned Extra Joint Additional Sessions Judge, Amravati, whereby the learned Judge convicted the appellant/original accused No.1 for the offences punishable under Sec. 376(3) of the Indian Penal Code (for short, 'the I.P.C.') and under 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 20 years and to pay a fine of Rs.1,000.00, in default to suffer further rigorous imprisonment for one month for the offence punishable under Sec. 6 of the POCSO Act. No separate punishment is awarded under Sec. 376(3) of the I.P.C. and under Sec. 4 of the POCSO Act.

(2.) Background facts:

(3.) The informant, after coming to know of this unfortunate incident, went to Warud Police Station and lodged the report. On the basis of report, crime bearing No.251/2020 was registered against three accused. They were arrested. Sarika Bagade (PW-13), API, Police Station Warud carried out the investigation. The investigating officer referred the victim for medical examination to Rural Hospital, Warud. The investigating officer drew the spot panchanama. The clothes of the victim as well as the clothes of the accused were seized. The biological samples of the victim and the appellants had been forwarded to Regional Forensic Science Laboratory, Amravati. The statements of the witnesses were recorded. The statements of the victim was recorded under Sec. 164 of the Cr.P.C. by the Judicial Magistrate, First Class, Warud. Since the victim girl was pregnant, she was kept in Shradhanand Anathalay, Nagpur. After completion of the investigation charge-sheet was filed in the Court of law.