KISAN S/O. BHAIYYALAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 28/3/2022 passed by the learned Ad-Hoc Special Judge-1, Gondia, whereby the learned Judge convicted the appellant for the offences punishable under Sec. 376 (2)(i) of the Indian Penal Code (for short, "the I.P.C.") and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "the POCSO Act") and sentenced him to suffer rigorous imprisonment for a period of 20 years and to pay a fine of Rs.10,000.00, in default to suffer rigorous imprisonment for six months for the offence punishable under Sec. 6 of the POCSO Act. No separate sentence has been awarded under Sec. 376 (2)(i) of the I.P.C.

(2.) The facts are as follows:-

(3.) Sachin Thorat (PW-10) carried out the investigation. He referred the victim for medical examination. He recorded the statements of the witnesses. He drew the spot panchanama. He seized the clothes of the victim and the clothes of the accused. On the request of the investigating officer, the learned Magistrate recorded the statements of the victim, the informant and Meena. On completion of the investigation, PW-10 filed the charge-sheet against the accused in the Court.