SHANKAR FAKIRA TAYADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dtd. 14/6/2023, passed by the Special Judge, Pune in Special POCSO Case No.415 of 2016. The Appellant was convicted for commission of offence punishable under Sec. 10 r/w Sec. 9(m)(p) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act"). He was sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.5000.00 and in default to suffer simple imprisonment for one month. He was also convicted for commission of offence punishable under Sec. 354 of IPC and was sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.5000.00 and in default to suffer simple imprisonment for one month. The sentences were directed to run concurrently. The fine amount of Rs.10,000.00 was directed to be paid to the victim.

(2.) The prosecution case is that the date of birth of the victim was 30/4/2009. The incident occurred on 12/9/2016. The Appellant was a tuition teacher. The victim used to go to his house for taking tuition classes between 7:00 p.m. to 8:30 p.m. On 12/9/2016, the Appellant allowed all other children to go home, but asked the victim to stay behind and thereafter committed the act, which amounted to sexual assault. The victim was below 12 years of age and the Appellant was a teacher. Therefore, it became aggravated sexual assault. The victim informed the mother about the incident. The mother and other relatives confronted the Appellant and quarreled with him. Then they went to the Police Station and lodged the FIR. The Appellant was arrested and the investigation was carried out. The trial was conducted and the Appellant was convicted and sentenced as mentioned earlier.

(3.) During the trial, the prosecution examined the mother, the victim, the Investigating Officer and the Panch for Spot Panchanama. The defence of the Appellant is of denial and he has stated in the statement recorded under Sec. 313 of CrPC that he had scolded the victim. She started crying loudly and then went home. Her family members did not verify the incident and assaulted the Appellant and before he could lodge the case against them, they lodged a false case against the Appellant. The learned Judge considered the evidence and the defence and ultimately, convicted and sentenced the Appellant as mentioned above.