(1.) In this appeal, challenge is to the judgment and order dtd. 14/9/2022, passed by the learned Additional Sessions Judge/Special Judge (POCSO Act), Akola, whereby the learned Judge convicted the appellant for the offences punishable under Ss. 376(3) and 506 of the Indian Penal Code, 1860 (for short, "IPC") and under Sec. 3 punishable under Sec. 4 and under Sec. 5(m) punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act"), and sentenced him to suffer rigorous imprisonment for 20 years and to pay a fine of Rs.20,000.00 and in default to suffer further simple imprisonment for 2 months for the offence punishable under Sec. 376(3) of the IPC and rigorous imprisonment for 2 years and to pay a fine of Rs.5,000.00 and in default to suffer simple imprisonment for 15 days for the offence punishable under Sec. 506 of the IPC. No separate sentence has been awarded for the offences under Sec. 3 punishable under Sec. 4 and under Sec. 5(m) punishable under Sec. 6 of the POCSO Act.
(2.) Background Facts:
(3.) It is stated that, on the next day in the morning at about 11:00 a.m., the informant took the victim to the doctor, Smt. Pahurkar, at Balapur. The doctor examined the victim and her private part. On examination of the private part of the victim, the doctor told the informant that the injury to the private part of the victim was not due to touching of the stick. The doctor suspected that someone had committed an offensive act with the victim. The doctor, Smt. Pahurkar, gave a chocolate to the victim and consoled her. The doctor, Smt. Pahurkar, after taking the victim in confidence, made an enquiry with her. The victim narrated the incident. The victim told the doctor that when her parents had gone to the field yesterday, Shaurya's Baba Bablaya took her in his house. He made her lie down, removed her knickers and lied on her body. Thereafter, she had a severe pain in her urinal place. The victim further told the doctor that the appellant threatened to kill her parents in case she disclosed the incident to anybody. The victim further informed the doctor that the appellant told her that in case an enquiry is made with her about the injury, she should tell her parents that while playing with Shaurya and other children, the children caused injury to her private part by piercing the stick. The doctor, Smt. Pahurkar, treated the victim. The informant called her husband to the hospital. The informant went to Balapur Police Station with the victim and lodged the report against the appellant.