RAJESH MURLIDHAR LONBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, the appellant/accused has challenged the judgment and order dtd. 26/2/2021. The learned Special Judge has held the accused guilty of the offences punishable under Ss. 376(1), 376(2)(l) of the Indian Penal Code, 1860 (for short, "the I.P.C.") and under Ss. 4, 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (for short, "the POCSO Act") and sentenced him to suffer rigorous imprisonment for a period of 10 years and to pay a fine of Rs.10,000.00, in default to suffer further rigorous imprisonment for six months.

(2.) Background facts:- The First Information Report was registered on the report of the informant (PW-1). Awadta Ramteke (PW-1) is the maternal aunt of the victim. In the report, the informant has stated that at the relevant time the accused was working as a Malaria worker. On 17/11/2014, he along with other health workers had come to village Kitali. In the village, there was death of one person due to dengue. The team of heath workers was deputed to carry out the survey and treat the patients. The accused and other health workers visited the house of the victim on 17/11/2014. The victim was examined by the accused. It is alleged that tablets were given to treat her fever. The victim went inside her house to take tablets. It is stated that the accused went inside the house on the pretext of examining the victim and when the victim was lying on the cot, he caressed his hand on her private part as well as inserted his finger in her private part. He kissed her. The victim narrated the incident to her parents in the evening.

(3.) As far as the informant is concerned, it was stated in the report that on 19/11/2014 her sister-in-law Sadhna Ramteke told her about the occurrence of the incident. She therefore, made an inquiry with the victim and at that time the victim narrated the incident to her. She has further stated that the victim told her that on the date of the incident she had narrated the incident to Payal Katkar. She lodged the report on 24/11/2014. On the basis of report, the crime bearing No.121/2014 was registered against the accused for the offences punishable under Ss. 376(2)(b)(i)(l) of the I.P.C. and under Sec. 4 and 10 of the POCSO Act and under Sec. 3(1)(xii) of the Scheduled Castes and Scheduled Tribes Act, 1989.