KISHORE VITTHALRAO SHENDRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 30/7/2018, passed by the learned Special Judge (POCSO), Wardha, whereby the learned Judge held the accused guilty of the offences punishable under Ss. 376(2)(i) and 452 of the Indian Penal Code, 1860 (for short, "IPC") and under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act"). He has been sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000.00 and in default to suffer simple imprisonment for six months for the offence punishable under Sec. 376(2)(i) of the IPC; rigorous imprisonment for 3 years and to pay a fine of Rs.1,000.00 and in default to suffer simple imprisonment for one month for the offence punishable under Sec. 452 of the IPC. The accused, though convicted for the offence punishable under Sec. 4 of the POCSO Act, no separate sentence has been awarded.

(2.) BACKGROUND FACTS:

(3.) Initial investigation was carried out by PW-4 (P.I.) Vishnu Yadaorao Karale. P.I. Karale visited the spot of the incident. He drew the spot panchanama. He seized the cloths of the victim and the samples from the spot. The accused was arrested on the next day. He was sent for medical examination. His cloths were seized. The statement of the victim was recorded by the Child Welfare Committed as well as by the learned Magistrate. Further investigation was carried out by PW-9. He collected the documents with regard to the birth date of the victim. He forwarded the victim for medical examination on 11/7/2016. After completion of the investigation, he filed charge-sheet against the accused.