MANOHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 27/2/2020, passed by the learned Additional Sessions Judge/Special Judge, Gadchiroli, whereby the learned Judge held the accused guilty of the offences punishable under Ss. 448 and 376(2)(i) of the Indian Penal Code, 1860 (for short, 'IPC') and under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'). He has been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000.00 and in default to suffer simple imprisonment for ten days for the offence punishable under Sec. 448 of the IPC; rigorous imprisonment for 10 years and to pay a fine of Rs.50,000.00 and in default to suffer simple imprisonment for one year for the offence punishable under Sec. 376(2)(i) of the IPC. The accused, though convicted for the offence punishable under Sec. 4 of the POCSO Act, no separate sentence has been awarded.

(2.) BACKGROUND FACTS:

(3.) Police Sub-Inspector Sukhdev Prakash Gode (PW-9) carried out the investigation. The victim was sent to the Government Hospital for medical examination. PW-9 arrested the accused. The accused was sent for medical examination. PW-9 went to the spot and drew the spot panchanama. The cloths of the accused, the cloths of the victim and other articles were seized under panchanama.