RAMJIWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 18/8/2022, passed by the learned Additional Sessions Judge (Special Judge, POCSO Act), Yavatmal, whereby the learned Judge convicted the appellant for the offences punishable under Sec. 354-A of the Indian Penal Code, 1860 (for short, "IPC") and under Ss. 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act"), and sentenced him to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.5,000.00 and in default to suffer further simple imprisonment for 3 months for the offence punishable under Sec. 354-A of the IPC and rigorous imprisonment for 5 years and to pay a fine of Rs.10,000.00 and in default to suffer further simple imprisonment for 3 months for the offence punishable under Sec. 8 of the POCSO Act. No separate sentence has been awarded for the offence punishable under Sec. 12 of the POCSO Act.

(2.) BACKGROUND FACTS:

(3.) On the basis of the report of the victim-girl, a crime bearing No.609/2019 was registered against the appellant. PW-3 carried out the investigation. PW-3 drew the spot panchanama. PW-3 caused the statement of the victim recorded through the learned Magistrate. PW-3 collected the birth certificate of the victim. The appellant was arrested. After completion of the investigation, he filed the charge-sheet against the appellant in the Court. The learned Judge framed the charge against the appellant. The appellant pleaded not guilty. His defence is of false implication on account of monetary dispute between him and the father of the victim. The prosecution, in order to bring home the guilt of the appellant, examined 3 witnesses. The learned Judge, on consideration of the evidence, held the appellant guilty of the charge and sentenced him as above. The appellant has come before this Court in appeal.