SHARAD MAHADEV MANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 11/5/2022, passed by the learned Special Judge and Additional Sessions Judge-2, Amravati, whereby the learned Judge convicted the appellant for the offences punishable under Sec. 376-AB of the Indian Penal Code, 1860 (for short, "IPC") and under Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act"), and sentenced him to suffer rigorous imprisonment for twenty years and to pay a fine of Rs.10,000.00 and in default to suffer rigorous imprisonment for six months for the offence punishable under Ss. 4 and 6 of the POCSO Act. No separate sentence has been awarded for the proved offence punishable under Sec. 376-AB of the IPC.

(2.) BACKGROUND FACTS:

(3.) On 27/11/2020, the informant, her husband, and the victim went to the police station. The informant narrated the incident to the police. The Police Officer (PW-4) Kavita Patil recorded her oral report. On the basis of this report, a Crime bearing No.308/2020 was registered against the appellant. The victim was sent for medical examination. The doctor (PW-5) examined the victim and issued the medical certificate. PW-4 carried out the initial investigation. She drew the spot panchanama. The statement of the victim was recorded. Similarly, the victim was sent to the Magistrate for recording her statement under Sec. 164 of the Code of Criminal Procedure, 1973 (for short, "Cr.PC"). Further investigation was carried out by PW-6 Sohail Shaikh. He collected the birth certificate and caste certificate of the victim. On completion of the investigation, he filed the charge-sheet against the accused in the Court of law.