ANUP @ GUDDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order, dtd. 13/10/2021, passed by the learned Additional Sessions Judge, (Special Court for cases under POCSO Act), Akola (for short 'the learned Judge'), whereby the learned Judge convicted the appellants/accused for the offences punishable under Ss. 363, 376-D, 376(2)(l) read with Sec. 34 of the Indian Penal Code (for short 'the IPC') and sentenced them to suffer rigorous imprisonment for twenty (20) years each and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand Only) each and in default to suffer simple imprisonment for 30 days each for the offence punishable under 376-D read with Sec. 34 of the IPC; for the offence punishable under Sec. 376(2)(l) read with Sec. 34 of the IPC sentenced them to suffer rigorous imprisonment for ten (10) years each and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand Only) each and in default to suffer simple imprisonment for 30 days each and for the offence punishable under Sec. 363 read with Sec. 34 of the IPC sentenced them to suffer rigorous imprisonment for seven (07) years each and to pay a fine of Rs.5,000.00 (Rupees Five Thousand Only) each and in default to suffer simple imprisonment for 15 days each. All the sentences are directed to run concurrently.

(2.) Background facts:

(3.) It is stated that after coming back home, he found that the door of his house was opened. His sister was not at home. He took search of his sister in the house as well as in the nearby area, but she was not found. The informant came back home at 2:00 a.m. After coming back home, he found that his sister had returned home and she was crying. Her hair was scattered. Her clothes were torn. There were injuries to her palms and fingers. The thorns had stuck in her clothes. The informant inquired with his sister, but she was terribly frightened and was crying. She did not disclose anything to him and went to sleep.