SANJAY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by the learned Special Judge, Chandrapur, in Special (Child) Case No. 5 of 2014 on 02.01.2015, thereby convicting the present appellant for the offence punishable under Sections 376(2)(i) of Indian Penal Code read with Sections 3 and 4 of Prevention of Children from Sexual Offences Act, 2012 and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.500/-, in default to suffer rigorous imprisonment for one month.

(2.) The prosecution case, in nut shell, is as under :

(3.) After getting charge of Crime No. 18/13 for investigation, P.W.9 Baburao Mahamuni, SDPO, visited the spot of incident and prepared spot panchanama (Ex.31). He referred the prosecutrix for her medical examination to the General Hospital, Chandrapur, under requisition (Ex.32). The appellant was arrested under arrest panchanama (Ex.33) and was also sent for medical examination under requisition (Ex.34). The Investigating Officer received the medical report of the victim. He also seized the pubic hair, vaginal swab and blood sample of the prosecutrix under seizure memo Ex.35. The clothes of the prosecutrix were seized under seizure panchanama (Ex.13). School leaving certificate of the prosecutrix was also obtained. Muddemal articles were sent to chemical analyser for examination and analysis. After completion of investigation charge-sheet was filed in the Court of law.