SURESH KISAN SURWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 26/10/2021, passed by the learned Special Judge, Khamgaon, Distt. Buldhana, whereby the learned Judge convicted the accused for the offences punishable under Ss. 452 and 377 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 simple imprisonment for one year and to pay a fine of Rs.5,000.00 and in default to suffer simple imprisonment for one month for the offence punishable under Sec. 452 of the IPC; rigorous imprisonment for five years and to pay a fine of Rs.10,000.00 and in default to suffer rigorous imprisonment for two months for the offence punishable under Sec. 377 of the IPC; and rigorous imprisonment for twenty years and to pay a fine of Rs.50,000.00 and in default to suffer rigorous imprisonment for two years for the offence punishable under Sec. 6 of the POCSO Act. Separate sentence has not been awarded for the proved offences punishable under Ss. 376(2)(j), 376(2)(l) and 376(3) of the IPC.

(2.) BACKGROUND FACTS:

(3.) PW-8 conducted the investigation. He arrested the accused. He sent the victim for medical examination. The accused was also medically examined. The cloths of the victim as well as the cloths of the accused were seized. The samples were collected from the spot. He recorded the statements of the witnesses. After completion of the investigation, he filed the charge-sheet in the Court against the accused.