PRASHANT @ GUDDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted by the learned Sessions Court/Special Court, Akola vide judgment and order dtd. 1/8/2019 in Sessions Case No.81/2013 for offence under Ss. 354, 448, 450, 376[i][j] of the Indian Penal Code read with Ss. 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and is sentenced to suffer imprisonment for life, to pay a fine of Rs.50,000.00 and in default to undergo rigorous imprisonment for one year. The appellant by this appeal challenges his conviction.

(2.) Prosecution case is that, Nita Gawai lodged a report on 8/2/2013 with Murtizapur Police Station alleging that on that day at about 8 p.m. she was at her house along with her two children. Her husband had gone to market. At that time Guddu Shankar Ingle came to her house. She enquired from him as to why he came, on that he did not answer. Therefore, she went to the house of her sister-in-law and told her that Guddu had come to her house and he is not going back. When she returned home, she saw that the appellant was doing bad acts with her daughter. She snatched the victim, who is aged 1 1/2 years from the appellant. The appellant/accused caught hold her right hand and told her that [XXXXXXXXXXXX] and thereby outraged her modesty, and therefore she shouted on which the accused ran away.

(3.) Heard learned Counsel appointed for the appellant and learned A.P.P. for the respondent.