PRADEEP GULABRAO CHOUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 3/6/2023 passed by the learned Extra Joint District Judge and Additional Sessions Judge (Special Judge, POCSO Court), Nagpur (for short 'the learned Judge'), whereby the learned Judge convicted the appellant/accused for the offence punishable under Ss. 376-AB of the Indian Penal Code (for short 'the IPC') and sentenced him to suffer rigorous imprisonment for twenty (20) years and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand Only), in default of payment of the fine further directed to suffer rigorous imprisonment for one (01) year. The learned Judge has held the appellant guilty also for the offences punishable under Ss. 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act'). However, no separate punishment has been awarded for these offences.

(2.) Background facts The informant in this case is the mother of the victim. The crime was registered on the report of the informant PW-1 Premila Nagose. The case of the prosecution, which can be gathered from the report and other materials, is that on the date of the incident the victim girl was 10 years old. The incident occurred in the house of the appellant at Wanadongari, Hingana Road, Nagpur. The victim was studying in 6 th standard. On the date of the incident, the victim had gone to the house of her maternal uncle, who was residing as a tenant in the premises of the appellant. It is stated that the appellant requested the maternal aunt of the victim to prepare chapatis for him. He told the maternal aunt of the victim that he would give the wheat flour. He took the victim with him. In the house, the appellant told the victim to collect the wheat flour from the container. The appellant at that time caught hold the hand of the victim. He gagged her mouth and kissed her. He also inserted his finger in her vagina. He pressed her breasts. The victim raised the shout. The appellant released her. He threatened her not to disclose the incident to anybody. However, the victim, after coming back to the house of the maternal aunt, narrated the incident to her. The maternal aunt made a phone call to the informant. After receiving a phone call, the informant went to the house of her brother. The victim narrated the incident to her. Thereafter, the informant and her brother went to the house of the appellant and questioned him about the incident. The appellant gave an evasive reply and denied the occurrence of the incident.

(3.) The informant, her brother and the victim went to the MIDC police station and lodged the report. On the basis of the report, crime bearing No. 429 of 2022 was registered against the appellant. PW-6 Santoshkumar Ramlod carried out the initial investigation. He arrested the appellant. He drew the spot panchanama. PW-7 Smt Kalyani Humane carried out further investigation. She referred the victim for medical examination. The accused/appellant was also referred for medical examination. The biological samples were collected and seized. The statement of the victim was recorded under Sec. 164 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.'). PW-7 filed the charge sheet against the appellant.