SOPAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, vide the judgment and order dtd. 11/8/2020, passed by learned Judge, Special Court, Jalna, in Special Case (Child) No.26 of 2019, has been convicted for the offences punishable under Ss. 376(2)(i), 341 and 452 of Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act and therefore, sentenced to various terms of imprisonment as detailed below :-

(2.) The First Information Report (Exh.26) was lodged by the victim herself on 6/2/2019. It has been alleged therein that on 2/2/2019, she was alone home. It was little past 07.00 p.m. She was doing study. The appellant, residing in the neighbourhood, entered her home and bolted the door from inside. He then removed clothes on her person and committed rape of her. It is further her case that the appellant used to intercept her whenever she was on way to school. He had expressed love for her. She had related the same to her father (PW1 Sanjay). The father, in turn, had reprimanded him. The FIR is said to have been lodged four days after the incident since the victim was not in mental frame to lodge it immediately.

(3.) The crime, vice C.R. No.37 of 2019, came to be registered at Police Station, Badnapur, Dist. Jalna, for the offences punishable under Ss. 376(2)(i), 341 and 452 of Indian Penal Code and Ss. 3 and 4 of the Protection of Children from Sexual Offences Act (POCSO). The victim was medically screened. During her medical screening, samples of certain things were obtained and forwarded to F.S.L. for chemical analysis. Documents in relation to the age of the victim were collected. The appellant was arrested.