(1.) Aggrieved by the judgment and order dated 28th February 2014 delivered by the Special court constituted under Section 28 of the Protection of Children from Sexual Offences Act, 2012, (POCSO Act) convicting the appellant of an offence punishable under Section 8 of the POCSO Act and sentencing him to suffer Rigorous Imprisonment for 3 years and to pay a fine of Rs.2,000/, the appellant has approached this court by filing the present appeal.
(2.) The case of the prosecution was that the appellant had committed sexual assault upon the minor daughter of the First Informant Rupali Baba Gholap (PW2). The story is that the appellant and Rupali reside in the same building. On 6th May 2013, Sakshi (PW1), the minor daughter of Smt.Rupali (PW2), went to the house of the accused to play with other children who had assembled there. The appellant was alone in the house. The appellant managed to drive the other children out and closed the curtains of the window. He then removed the underwear of Sakshi and moved his hand on her private part. The girl (Sakshi) cried and ran out of the house. She went to her mother Rupali (PW2), who was, by chance, already calling her at that time. Sakshi narrated the incident to Rupali. Rupali telephonically contacted her husband Baba Gholap (PW3) and called him home. When he came, Rupali narrated to him what had happened. Baba Gholap then went to the police station along with Sakshi. A.P.I.Jambure, posted at Sahakar Nagar Police Station at the material time, registered the report lodged by Baba Gholap, treating the same as the First Information Report (FIR). Investigation was entrusted to Smt.Shailaja Swaroopkumar Jankar, P.S.I. (PW4). The appellant was arrested on the same day. After investigation was carried out, chargesheet came to be filed against the appellant.
(3.) During the trial, the prosecution examined the aforesaid four witnesses. Believing their evidence, the learned trial Judge convicted and sentenced the appellant as aforesaid.