TUKARAM NARAYAN GALPALWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred the present appeal challenging the judgment and order dtd. 10/8/2021 passed by the learned District and Sessions Judge-12, Nagpur in Special Case No. 102/2018, whereby the appellant was convicted for the offence punishable under Sec. 354-A of the Indian Penal Code (IPC) and sentenced to suffer simple imprisonment for six months and to pay a fine of Rs.5,000.00, in default, to undergo simple imprisonment for one month; under Sec. 452 of the IPC and sentenced to suffer simple imprisonment for six months and to pay a fine of Rs.5,000.00, in default, to suffer simple imprisonment for one month; and under Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentenced to suffer simple imprisonment for three years and to pay a fine of Rs.5,000.00, in default, to undergo simple imprisonment for one month. The trial Court further directed that the amount of Rs.10,000.00 be paid to victim out of the amount of Rs.15,000.00 towards compensation and amount of Rs.5,000.00 to be credited to the Government. The trial Court directed that all the sentences shall run concurrently.

(2.) The prosecution case, in brief, is that on 28/3/2018, when the parents of the victim, aged 14 years, were at their workplace, the victim and her younger sister were playing outside their house at about 5:30 p.m. The appellant allegedly visited the victim's house, asked her to sit beside him, enquired about her studies, and placed his hand on her shoulder. It is further alleged that the appellant asked the victim whether she was frightened and whether he could "demand something" from her. Upon the victim's query regarding such demand, the appellant allegedly asked her for a kiss. The victim, frightened, immediately came out of the house. Around the same time, the victim's father entered the house and conversed with the appellant. The victim did not immediately disclose the incident to her father but narrated it to him after the appellant left. Consequently, a report was lodged.

(3.) On the victim's oral report, FIR No.202/2018 was registered at Police Station Butibori, Nagpur. Investigation ensued. The Investigating Officer visited the scene of occurrence on 29/3/2018, prepared a spot panchnama in the presence of panch witnesses, recorded statements of witnesses, and arrested the appellant on the same day. The victim was referred for medical examination, and her medical certificate, as well as her birth certificate, were collected. Upon completion of investigation, a charge-sheet was filed before the Special Court.