MANOJ JANARDHAN BHISE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 12/7/2021 passed by the learned Extra Joint, Additional Sessions Judge, Nagpur (for short 'the learned Judge'), whereby the learned Judge convicted the appellant/ accused for the offences punishable under Ss. 4, 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') and for the offences under Ss. 376 (2)(i)(n) and 506 of the Indian Penal Code (for short 'the IPC') and sentenced him to suffer rigorous imprisonment for ten (10) years and to pay a fine of Rs.1000.00, in default of payment of fine to suffer rigorous imprisonment for two (2) months for the offence under Sec. 5(l)(m) punishable under Sec. 6 of the POCSO Act and further sentenced to suffer rigorous imprisonment for one (1) year and to pay a fine of Rs.500.00, in default of payment of fine to suffer rigorous imprisonment for one (1) month for the offence under Sec. 11 punishable under Sec. 12 of the POCSO Act. He is further sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.500.00 and in default of payment of fine to suffer rigorous imprisonment for one (1) month for the offence under Sec. 506 of the IPC. No separate punishment is imposed for the offences under Sec. 376(2)(i)(n) of the IPC and Sec. 3(a) punishable under Sec. 4 of the POCSO Act.

(2.) Background facts The informant in this case is the mother of the victim girl. The victim at the time of the incident was about 10 years old. The case of the prosecution, which emerges from the report and other materials, is that the informant is serving as a security guard and her husband is working as a breaker on a machine. The informant has one daughter i.e. the victim and one son aged about 7 years. At the relevant time, the victim was studying in 5thstandard. The mother of the informant was residing nearby the house of the informant. Since the informant and her husband used to remain outside on account of their work, they would keep their children at the house of maternal grandmother. The appellant is residing adjoining to the house of the maternal grandmother of the victim.

(3.) It is stated that on two occasions, the appellant was found showing obscene videos to the victim girl on his mobile phone. The victim on 14/4/2018, narrated the incident of penetrative sexual assault on her by the appellant to her grandmother. The victim told her grandmother that the appellant established physical relations with her. The victim further told that during Diwali festival of 2017, she had gone to play with the children of the appellant. The appellant took her to the terrace of the house and there committed intercourse with her. After the Ramnavami festival of 2018, again she had gone to play with the children of the appellant. The appellant sent his daughter out on the pretext of bringing Kharra i.e. tobacco beetle-nut mixture. The appellant took her to the staircase and committed intercourse with her. The victim told her grandmother that the appellant had threatened to kill her in case she disclosed this incident to anybody. The grandmother, after coming to know of this unfortunate incident from the victim, called the informant to her house and apprised her about the entire incident. The informant then made a detailed inquiry with the victim. The victim reiterated the entire incident to her. The informant therefore went to the Nandanvan police station, Nagpur and lodged the report.