BHIMRAOJI MANIKRAOJI DHOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 17/2/2023 passed by the learned Extra Joint, Addition Sessions Judge and Special Judge, Wardha (for short 'the learned Judge'), whereby the learned Judge convicted the appellant/accused for the offences punishable under Sec. 6 read with Sec. 18 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') and Ss. 376(2)(j) and 376-AB read with Sec. 511 of the Indian Penal Code (for short 'the IPC') and sentenced him to suffer rigorous imprisonment for ten (10) years and to pay a fine of Rs.5,000.00, in default of payment of fine to suffer simple imprisonment for six (6) months for the offence punishable under Sec. 6 read with Sec. 18 of the POCSO Act. No separate punishment is awarded for the offences punishable under Sec. 376(2)(j) and 376-AB read with Sec. 511 of the IPC.

(2.) Background facts The informant, in this case, is the mother of the victim girl. The victim girl on the date of the incident was 7 years and 5 months old. The case of the prosecution, which can be unfolded from the report and other materials, is that the victim girl is deaf and dumb. The incident in question occurred on 13/11/2019. On 13/11/2019, at about 11:00 a.m., the informant went to the agricultural field. Her mother-in-law and the victim were at home. While leaving the house, she told her mother-in-law to drop the victim at the house of her sister- in-law (PW-4) before going to the field. It is stated that while going to the field, the mother-in-law of the informant dropped the victim at the house of PW-4 and gave Rs.2.00 to the victim for purchasing chocolate etc.

(3.) The appellant is a neighbor of PW-4. He is running a pan stall near the house of PW-4. PW-4 and the appellant are relatives. It is stated that the victim went to the shop of the appellant for purchasing the chocolate. The victim did not return for some time. PW-4, therefore, went to see her near the shop. When she went to the shop, she saw that the victim was lying on the cot while her frock was removed and her legging was stripped off up to her knees. The appellant was lying on her person and taking kisses of her breast and abdomen. On seeing PW-4, the appellant was scared. PW-4 got the victim down from the cot and put on her clothes and brought her home. The mother of the victim was not at home.