ROSHAN S/O. MANOHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 31/1/2022, passed by the learned Additional Sessions Judge, Hinganghat, whereby the learned Judge convicted the appellant of the offences punishable under Ss. 376(2)(j), 376(2)(n) and 376(3) of the Indian Penal Code, 1860 (for short, "IPC") and under Sec. 5(l) r/w Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act"), and sentenced him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000.00 and in default to suffer rigorous imprisonment for three months for the offence punishable under Sec. 376(2)(j)(n) of the IPC. No separate sentence has been awarded for the proved offences punishable under Ss. 376(3) of the IPC and under Sec. 5(l) r/w Sec. 6 of the POCSO Act.

(2.) BACKGROUND FACTS:

(3.) It is stated that, after narration of the above incident by her husband, the informant made an enquiry with the victim regarding the matter. The victim told her that she had a love affair with the appellant. The victim told her mother that on 2 nd January, 2020, in the noon, the appellant forcibly took her to the hillock and committed a forcible sexual intercourse with her. The victim told her parents that 2-3 times in the past, the appellant had committed sexual intercourse with her. The informant, on being apprised of this incident by the victim, deliberated upon this incident with her family members and the Chairperson of the village Tantamukti Committee. On 3/1/2020, the informant, victim, and her father went to Girad Police Station and lodged the report.