CHATUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the Judgment and order, dtd. 24/8/2022, passed by the learned Additional Sessions Judge, Gadchiroli, whereby the learned Judge, convicted the appellant/accused for the offences punishable under Sec. 376-AB of the Indian Penal Code (for short, 'the IPC') and Ss. 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 (for short, 'the POCSO Act') and sentenced him to suffer rigorous imprisonment for twenty (20) years and to pay a fine of Rs.50,000.00 (Rupees Fifty Thousand Only) and in default to suffer rigorous imprisonment for six months for the offence punishable under Ss. 4 and 6 of the POCSO Act. No separate sentence has been awarded for the offence punishable under Sec. 376-AB of the IPC.

(2.) Background facts:

(3.) Nisha Khobragade (PW-5) carried out the investigation in the crime. She went to the spot and drew the spot panchnama in the presence of the panchas. She arrested the appellant. She collected the birth certificate of the victim. The statement of the victim and her mother had been recorded by the learned Judicial Magistrate First Class, Chamorshi. Investigating Officer after registering the first information report referred the victim for medical examination. On completion of the investigation, she filed the chargesheet against the appellant in the Court of law.