ANANDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order of conviction passed by learned Additional Sessions Judge, Bhokar in Special Case [POCSO] No. 3/2019 recording guilt for commission of offence punishable under Ss. 376(2)(i), 376-D, 452, 506 r/w 34 of the Indian Penal Code [IPC], Sec. 6 of the Protection of Children from Sexual Offences Ace, 2012 [POCSO Act], both convicts have preferred above two separate appeals.

(2.) Umri police station registered crime bearing no. 195/2018 on the strength of report filed by victim PW1 alleging that she resides with her mother. That, on 26/11/2018 when she and her mother were sleeping in their house, around 1.00 a.m. there was knock on their door. The door was forcibly pushed thereby breaking the chain. Three persons entered the house, one of them placed knife on the neck of her mother and took her in another room and accused no.1 Ananda after making her fall on the bed, forcibly raped her. Then he went towards her mother and other one i.e. accused no.2 came and after him accused no.3 came and raped her. Around 4.00 a.m. those persons went out of the house. Victim and her mother approached police and victim lodged report Exhibit 15.

(3.) Investigation was entrusted to PW7 SDPO Deshpande who took all steps like arresting accused, drawing various panchanamas; victim was subjected to medical examination; medical papers were gathered and made of part of chargesheet. After gathering sufficient evidence, challan was filed and all three accused were tried by learned Additional Sessions Judge, who held case of prosecution as proved as against accused nos. 1 and 2, i.e. present appellants, and recorded guilt as stated above.