RAHUL RAJABHAU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the Judgment and order, dtd. 11/8/2022, passed by the learned Special Judge, Wardha, whereby the learned Judge convicted the appellants/ accused and sentenced them to suffer rigorous imprisonment for a period of 20 years and to pay a fine of Rs.10,000.00 each, in default to suffer further rigorous imprisonment for six months for the offence under Sec. 3(b) punishable under Sec. 4(2) of the Protection of Children From Sexual Offences Act, 2012 (for short, "the POCSO Act") and also sentenced them to suffer rigorous imprisonment for 20 years and to pay a fine of Rs.10,000.00 each, in default to suffer further rigorous imprisonment for six months for the offence under Sec. 5(m) punishable under Sec. 6 of the POCSO Act.

(2.) Background facts:

(3.) On 23/4/2019, in the morning, the victim went to the school. After coming back from school on that day, he did not go to play in the garden. On that day he was riding his bicycle in front of his house. It is stated that on 23/4/2019 at about 11.00 p.m., the victim narrated the incident to the informant. He told that these two Dadas took him behind the temple. They removed his knickers. They told him to bent down and thereafter they put stone in his anus. Thereafter, he cried and asked them as to how he would do the latrine. The victim narrated this incident by gesture. He was crying. He has stated that thereafter those boys poured water in his anus and made him urinate. He then cried. Therefore, they gave chocolate to him. The husband of the informant was serving at Chandrapur and therefore, he was not at home. The informant narrated this incident to some of the boys of the locality. She did not lodge the report immediately.