FIROZ KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, the challenge is to the judgment and order, dtd. 16/6/2021, passed by the learned Additional Sessions Judge, Chandrapur, whereby the learned Sessions Judge convicted the accused/appellant for the offences punishable under Sec. 4 of the Protection of Children From Sexual Offences Act, 2012 (for short 'the POCSO Act') and Sec. 377 of the Indian Penal Code (for short 'the IPC') and sentenced the accused to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000.00and in default of payment of the fine to suffer simple imprisonment for one year for the offence punishable under Sec. 4 of the POCSO Act. No separate sentence has been awarded for the offence punishable under Sec. 377 of the IPC.

(2.) Background facts:

(3.) On the basis of his report, the crime bearing No.369 of 2019 came to be registered against the accused. The investigation was carried out by PW-5. The investigating officer sent the informant for a medical examination. On the next day, she arrested the accused. She referred the accused for a medical examination. The clothes as well as blood samples of the informant and the accused were collected. The investigation revealed the involvement of the accused in the crime and therefore, the investigating officer filed the chargesheet against the accused in the Court of law.