DOLCHAND YADAVRAO CHAUHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 15/9/2022, passed by the learned Extra Joint Additional Sessions Judge/Special Judge, Nagpur, whereby the learned Judge convicted the appellant for the offences punishable under Ss. 376(3) and 342 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 to suffer rigorous imprisonment for 3 months and to pay a fine of Rs.1,000.00 and in default to suffer further rigorous imprisonment for 10 days for the offence punishable under Sec. 342 of the IPC, and rigorous imprisonment for 20 years and to pay a fine of Rs.10,000.00 and in default to suffer further rigorous imprisonment for 1 year for the offence punishable under Sec. 6 of the POCSO Act. No separate sentence has been awarded for the offence punishable under Sec. 376(3) of the IPC.

(2.) Background Facts:

(3.) On the basis of this report, a crime bearing No.329/2021 was registered against the appellant. PW-9 carried out the investigation. After medical examination of the victim, the FIR was registered. PW-9 drew the spot panchanama. PW-9 arrested the appellant. The appellant was referred for medical examination. The statements of the victim and her friend were recorded by the learned Magistrate under Sec. 164 of the Code of Criminal Procedure, 1973 (for short, "Cr.PC"). The biological samples had been sent to R.F.S.L., Nagpur. On completion of the investigation, the Investigating Officer filed the charge-sheet against the appellant.