SIKANDAR SOMSING CHAVHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 25/5/2022, passed by the learned Additional Sessions Judge, Link Court, Mangrulpir, in Special Child Case No. 28/2018, whereby the learned Judge held the appellant guilty for the offences punishable under Sec. 376(2)(l) of the Indian Penal Code and under Ss. 3, 4, 5(k) and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act' for short). He is sentenced to suffer imprisonment for 10 (ten) years and to pay fine of Rs.5,000.00 and in default to suffer RI for 6 (six) months for the offence punishable under Sec. 376(2)(l) of the IPC. No separate sentence is awarded for the offences under the POCSO Act.

(2.) BACKGROUND FACTS :

(3.) It is stated that the informant (PW6) came back to the house after attending the marriage in the evening. On arrival, he saw that the victim and his wife were weeping. He questioned them about the cause of their weeping. The mother of the victim narrated the entire incident to the informant. It is stated that after hearing the account of the incident occurred with his daughter, he was shocked and mentally disturbed. They took time to recover from this shock and ultimately they decided to lodge a report against the appellant. The informant (PW6) along with the victim and her mother went to Asegaon Police Station and lodged the report (Exh.43).