SHEIKH RAFIQUE SK. GULAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal challenges the judgment and order dtd. 17/10/2019, passed by the learned Additional Sessions Judge-2, Yavatmal, in Special (POCSO) Case No. 16/2016, whereby the appellant/accused was convicted for offences under Ss. 354 and 354-A of the Indian Penal Code (IPC) and under Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) The trial Court sentenced the appellant to undergo rigorous imprisonment for one year for the offence under Sec. 354 of the IPC and a fine of Rs.200.00, in default, to undergo simple imprisonment for 15 days. Under Ss. 354-A of the IPC and 8 of the POCSO Act, the appellant was sentenced to undergo rigorous imprisonment for three years and a fine of Rs.500.00, in default, to undergo simple imprisonment for one month. The trial Court directed that both sentences shall run concurrently.

(3.) Prosecution Case : The prosecution case, in brief, is that on 24/10/2015, at about 2:00 PM, the victim, a 13-year-old girl, informed her maternal uncle that the previous day, i.e., 23/10/2015, the appellant had visited her house while her parents were at work. The appellant allegedly requested a glass of water and, while receiving it, offered Rs.50.00 if she allowed him to engage in sexual activity. The victim reportedly raised an alarm, upon which the appellant left the house. On 24/10/2015, at about 10:30 AM, the appellant allegedly repeated the act, holding the victim's right hand and making the same proposition. The victim thereafter informed her maternal uncle, who lodged the FIR.