TAKU @ SAGAR DAYANAND SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant/convict takes exception to the judgment and order dtd. 27/3/2023 passed by learned Special Judge (POCSO), Beed in Special POCSO Case No.74 of 2021 recording guilt of the appellant for offences under Sec. 376(AB), 376(2)(f) and 377 of the Indian Penal Code read with Sec. 6 of the POCSO Act.

(2.) Ambhora Police Station, District Beed registered the crime bearing No.150 of 2022 for above offences on report received from the mother of the victim, who gave information to police that her victim daughter aged 7 years was sexually ravished and exploited by the present appellant, who happens to be her uncle. On above report, crime was registered, investigated and appellant was chargeheeted for the above offence and finally tried by learned Special Judge, who examined as many as 11 witnesses, and on appreciating oral evidence of witnesses and on appreciating documentary evidence apprising of FIR, medical papers, birth certificate, etc., learned trial Judge accepted the prosecution story and recorded guilt holding appellant guilty for above offences. Feeling aggrieved by the judgment and order of conviction, instant appeal has been preferred on various grounds mentioned in the appeal memo.

(3.) Learned counsel for the appellant pointed out that there is false implication. That, there is no cogent, reliable, trustworthy evidence. That, report is lodged on information allegedly given by the mother of the victim. He pointed out that, on the alleged dated, there was some ritual of 7th day of death of grandfather of victim. That, almost 200 guests had gathered, but none of them has been examined, nor did any of them report the incident to police. Learned counsel pointed out that, victim was playing for the entire day. That, there is no prompt reporting. That, there is dispute for giving land for cultivation, and as such, there is possibility of false implication. For all above reasons, he questions the findings and conclusion reached by the learned trial Court and prays to allowed the appeal by giving benefit of doubt.