AMAN S/O RATNAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 14/6/2023 passed by learned Additional Sessions Judge, Nagpur in Special POCSO Case No. 51 of 2017, whereby the learned Judge convicted the appellant for the offences punishable under Ss. 342 and 376(2) of the Indian Penal Code read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act" for short). He is sentenced to suffer imprisonment for 10 (ten) years and to pay fine of Rs.10,000.00 and in default to suffer RI for 4 (four) months for the offence punishable under Sec. 376(2) r/w Sec. 4 of the POCSO Act ; and to suffer imprisonment for 3 (three) months and to pay fine of Rs.1,000.00 and in default to suffer RI for one month for the offence punishable under Sec. 342 of the IPC.

(2.) BACKGROUND FACTS :-

(3.) PW10 API Milind Paradkar carried out the investigation. He referred the victim for medical examination. He seized the clothes as well as the biological samples. The accused was arrested on 23/5/2016. He was referred for medical examination. His clothes and the samples had been seized. PW10 recorded the statements of the witnesses. He forwarded the samples to the Regional Forensic Science Laboratory (RFSL), Nagpur. On completion of the investigation, he filed charge-sheet against the appellant in the Court of law.