SHRIKANT PREMLAL KUKWAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, the challenge is to the judgment and order dtd. 9/2/2021 passed by the learned District and Sessions Judge-9, Nagpur, whereby the learned Sessions Judge, on conviction, sentenced the accused under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short " POCSO ") to undergo simple imprisonment of seven years and to pay fine of Rs.10,000.00, in default of payment of fine to further undergo simple imprisonment of three months and sentenced him to suffer simple imprisonment of five years and to pay fine of Rs.10,000.00, in default of payment of fine to further undergo simple imprisonment of three months for the offence punishable under Sec. 377 of the Indian Penal Code (for short " I.P.C.").

(2.) Background facts:-

(3.) In the Radiance Hospital, the victim was examined by Dr. Krishna Beniram Gopche (PW-4) and Dr. Manoj Gukul Purohit (PW-5). PW-4, after noting down the history of assault found that it was a medico legal case and therefore, he informed the police. In the night of 17/11/2019 Police Station Officer and WPC Seema visited Radiance Hospital, Nagpur. They recorded the statement of the victim. The mother of the victim thereafter went to Police Station and lodged a report of the incident. On the basis of this report, crime bearing No.53/2019 was registered against the accused at Wathoda Police Station.