MAHADEO @ MAHADYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 28/3/2022, passed by the learned Special Judge, Special Court (POCSO), Chandrapur, whereby the learned Judge held the accused guilty of the offences punishable under Ss. 4 and 10 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act") and under Sec. 377 of the Indian Penal Code, 1860 (for short, "IPC"). He has been sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.3,000.00 and in default to suffer rigorous imprisonment for six months for the offence punishable under Sec. 4 of the POCSO Act, and rigorous imprisonment for 5 years and to pay a fine of Rs.2,000.00 and in default to suffer rigorous imprisonment for six months for the offence punishable under Sec. 10 of the POCSO Act. No separate sentence has been awarded for the offence punishable under Sec. 377 of the IPC.

(2.) BACKGROUND FACTS:

(3.) It is stated that Ayush ran away from the spot towards the road. The accused overpowered the victim and carried him on his shoulder in his field by the side of the bullock-cart road. The accused removed the pant of the victim. The accused also removed his pant. The accused pressed the scrotum and penis of the victim. The accused tore his shirt and threw it away. The accused pressed his chest. The accused forcefully laid him on the ground. He inserted his penis into his anus. At that time, they heard the horn of the vehicle. The accused released him and pushed him into the thorny bushes. The victim sustained injury to his hand. He put on his pant and shirt and went towards the road. His friend Ayush met him on the road. He narrated the incident to Ayush. They went home. The victim narrated the incident to his mother. The mother of the victim called one Praful Gourkar, an acquaintance of them. They went to the police station and lodged the report. On the basis of this report, a Crime bearing No.111/2020 was registered against the accused at Gadchandur Police Station.