AAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 30/8/2021, passed by the learned Extra Joint Additional Sessions Judge, Nagpur, whereby the learned Judge convicted the accused for the offences punishable under Ss. 376(2)(3) and 506 of the Indian Penal Code, 1860 (for short, "IPC") and under Sec. 5 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 twenty years and to pay a fine of Rs.20,000.00 and in default to suffer rigorous imprisonment for one year for the offence punishable under Sec. 376(2)(3) of the IPC; rigorous imprisonment for six months and to pay a fine of Rs.1,000.00 and in default to suffer rigorous imprisonment for one month for the offence punishable under Sec. 506 of the IPC. No separate sentence has been awarded for the proved offence under Sec. 5 punishable under Sec. 6 of the POCSO Act.

(2.) BACKGROUND FACTS:

(3.) PW-15 carried out the investigation. He forwarded the victim for medical examination. He arrested the accused. He referred the victim to Indira Gandhi Medical College, Nagpur, for her internal and medical examination. He collected the documents with regard to the birth date of the victim. The blood samples of the victim as well as of the accused were collected for DNA analysis. The sample of the abortus of the victim was obtained and sent for DNA analysis. After completion of the investigation, PW15 filed the charge-sheet against the accused.