GANESH VITTHAL SHEDMAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 2/12/2021, passed by the learned Additional Sessions Judge/Special Judge (POCSO Act), Yavatmal, whereby the learned Judge convicted the appellant of the offences punishable under Sec. 376(2)(n) of the Indian Penal Code, 1860 (for short, "IPC") and under Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act"), and sentenced him to suffer rigorous imprisonment for 20 years and to pay a fine of Rs.20,000.00 and in default to suffer further simple imprisonment for six months for the offence punishable under Sec. 6 of the POCSO Act. No separate sentence has been awarded for the offences punishable under Sec. 376(2)(n) of the IPC and under Sec. 4 of the POCSO Act.

(2.) BACKGROUND FACTS:

(3.) On the basis of this report, a crime bearing No.58/2020 was registered against the appellant. PW-5 carried out the investigation. After registration of the First Information Report (FIR), PW-5 referred the victim for medical examination. The samples collected by the Medical Officer and the cloths of the victim were seized. The appellant was arrested. He was also referred for medical examination. The statement of the victim was recorded by the learned Judicial Magistrate First Class, Ghatanji. The samples had been sent to the Regional Forensic Science Laboratory, Amravati. On completion of the investigation, the charge-sheet was filed against the appellant.