VICKY SAMBHAJI NIKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal takes exception to the judgment and order dtd. 2/6/2022 passed in POCSO Special Case No.325 of 2021 whereby the Appellant/Accused is convicted for the offence punishable under Sec. 6 of the Protection of Children From Sexual Offences Act, 2012 ('POCSO Act' for short) and sentenced to suffer RI for 20 years with fine of Rs.25,000.00 in-default Simple Imprisonment for six months. He has also been sentenced to suffer RI of one year with fine of Rs.1,000.00 in-default simple imprisonment for 15 days for the offence punishable under Sec. 12 of the POSCO Act. Since, the Accused is convicted for the offences punishable under Sec. 6 and 12 of the POCSO Act, no punishment was imposed against him for the offence punishable under Sec. 376(A) and (B) and 354D of Indian Penal Code, 1858 ('IPC' for short) and Sec. 10 of the POCSO Act.

(2.) The facts appearing from the record indicate that, on 10/1/2021 at about 10.10 p.m. report came to be lodged by Informant with Kurla Police Station stating that on that day at about 9.30 p.m. when she along with her husband and relative was in the house, her daughter came running to the house, in threatened state. When she questioned her as to why she was crying, informants daughter told her that <IMG>JUDGEMENT_141_LAWS(BOM)12_2025_1.jpg</IMG>

(3.) She informed about the same to her husband. When they came outside the house, they saw Accused going out. When her husband stopped him, he ran away from the spot. Thereafter, complaint came to be lodged at the instance of the mother of the victim against the Accused. On the basis of which offence is registered vide Crime-No. 13 of 2021.