RAMESH KRISHNA GOPNUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has impugned the judgment and order of conviction and sentence dtd. 29/3/2014 passed by the learned Additional Sessions Judge, Vasai, Thane in Session Case No. 33/2013 as under :

(2.) The prosecution case in brief is as under: The appellant and the complainant (PW7) are close relatives, inasmuch as, PW7 is the wife of the brother-in-law of the appellant. It is the prosecution case that the appellant sexually assaulted five girls. All the victim girls were between the age group 8 years to 13 years and living in the same village as the appellant. The said incident of sexual assault by the appellant on the victim girls went on for about 2 years. It is only when PW6 saw the appellant sexually assaulting one of the victim girls, the complainant (PW7) was informed of the same, pursuant to which, PW7 lodged an FIR against the appellant alleging offences punishable under Ss. 376(f), 354, 323 and 506 of the Indian Penal Code and Ss. 4 and 8 of the Prevention of Children from Sexual Offences Act. The victim girls were sent for medical examination and after investigation, charge-sheet was filed in the said case in the Court of the Judicial Magistrate First Class, Vasai. Since the offences were triable by the Court of Sessions, the case came to be committed to the Court of Sessions, for trial. The trial Court framed charge against the appellant, to which, the appellant pleaded not guilty and claimed to be tried.

(3.) At the outset, we may note that as soon as the appeal was called out for hearing, Advocate Mr. Aniket Vagal stated that he has given his no objection to the appellant and as such stated that he has no instructions to appear in the aforesaid appeal. Hence, we appointed Ms. Laxmi Raman, who is on the Legal Aid Panel to espouse the cause of the appellant. We also appointed Mr. A. R. Kapadnis as amicus curiae to espouse the cause of the original complainant.