UMESH DILIP SANGHELE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 6/12/2021, passed by learned Additional Sessions Judge, Akola whereby the learned Judge convicted the appellant of the offences punishable under Sec. 4(2) and under Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act" for short) ; and under Sec. 376(2)(i), 363 and 354-A of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for 20 (twenty) years and to pay fine of Rs.10,000.00 (Rupees Ten thousand only) and in default to suffer further SI for 2 (two) months for the offence u/s 3, punishable u/s 4(2) of the POCSO Act; to suffer rigorous imprisonment for 5 (five) years and to pay fine of Rs.10,000.00 (Rupees Ten thousand only) and in default to suffer further SI for 2 (two) months for the offence u/s 7, punishable u/s 8 of the POCSO Act ; to suffer rigorous imprisonment for 7 (seven) years and to pay fine of Rs.10,000.00 (Rupees Ten thousand only) and in default to suffer further SI for 2 (two) months for the offence punishable under Sec. 363 of the IPC ; and to suffer rigorous imprisonment for 3 (three) years and to pay fine of Rs.5,000.00 (Rupees Five thousand only) and in default to suffer further SI for 1 (one) months for the offences punishable under Sec. 354-A of the IPC. No separate sentence is imposed for the offence punishable under Sec. 376(2)(i) of the IPC.

(2.) BACKGROUND FACTS

(3.) It is stated that after some time, the victim came to the salon shop. She was in a frightened state of mind. The father took the victim to his house. The victim narrated the incident to her mother. She has stated that the appellant lured her by showing money. He took her to an isolated place known as 'khandhar'. There the appellant inserted his finger in her vagina. The appellant kissed her. The appellant committed this act at the point of knife. When she raised hue and cry, the appellant fled from the spot. She gave description of the appellant. She told that the appellant was having black complexion and a fatty nose.