PRAVIN RUPRAO HARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 17/12/2019, passed by the learned Additional Sessions Judge- 2, Amravati, whereby the learned Judge held the accused guilty of the offences punishable under Sec. 376(2)(i)(j) of the Indian Penal Code, 1860 (for short, "IPC") and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act") and sentenced him on both the counts to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000.00 and in default to suffer rigorous imprisonment for three months.

(2.) BACKGROUND FACTS:

(3.) On the next day, i.e., on 12/1/2017, the informant took the victim to the Morshi Police Station and reported the incident to the police. On the basis of her report, a Crime bearing No.28/2017 was registered against the accused. PW-12 (API) conducted the investigation. The victim was referred to Government Hospital at Morshi for medical examination. PW-3 examined the victim. He did not find any injury on the body as well as on the private part of the victim. PW-12 recorded the statements of the witnesses. The statements of the witnesses were recorded by the learned Magistrate under Sec. 164 of the Code of Criminal Procedure, 1973 (for short, "Cr.PC"). The samples and articles were sent to Chemical Analyzer, Nagpur for analysis.