BHAGWAN @ BALU APPASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was prosecuted for committing rape of a girl child in the age group of 12/13 years during the period from Summer 2012 to Diwali of 2016 after having administered her a stupefying drug. The Trial Court i.e. the Special Court constituted for trial of offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short) convicted the appellant for the offences punishable under Ss. 376(2)(i)(j)(n), 328, 506 of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 and consequently sentenced to suffer imprisonment for life which shall mean imprisonment for the remainder of his natural life, rigorous imprisonment for 10 years and rigorous imprisonment for 7 years respectively and to pay fine of Rs.20,000.00 (Rupees twenty thousand) on each count. No separate sentence was inflicted for the offence punishable under 6 of the POCSO Act. The substantive sentences have been directed to run concurrently.

(2.) The victim "A" was 12 years of age in the year 2012. She was resident of village Ambajogai. During Summer and Diwali Vacations, she visited village Jaigaon, Taluka Parli Vaijnath during the period of three years i.e. from 2012 to 2016. Nikhita, Tanuja, Radha and Pratiksha were her friends. The appellant, resident of village Jaigaon was 36 years of age at the relevant time. He administered the victim stupefying laced with water, eatables like Pohe etc. many a time to make her unconscious. During all such occasions, the appellant committed sexual intercourse with her under Peepal and Wood-Apple tree in a field and even at his residence once.

(3.) It was on 26/12/2016 the victim experienced stomach pain. Her grandmother, therefore, took her to Swami Ramanand Teerth Rural Medical College and Hospital for examination. A lady doctor there enquired with her whether anybody had sexual intercourse with her. The victim thereupon gave a history of sexual assault committed by the appellant many a time. The victim was medically screened. Samples of her certain things were obtained. The victim then lodged First Information Report (F.I.R. - Exh.17) with Sirsala Police Station, District Beed.