DNYANESHWAR @ NANESHWAR VITHOBA RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 18/11/2022 passed by the learned Additional Sessions Judge (Special Judge, POCSO), Bhandara, in Special Case (Child Protection) No. 04 of 2018, whereby the present appellant came to be convicted for the offences punishable under Ss. 354-A(1)(i), 323 and 452 of the Indian Penal Code (In short "IPC") read with Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (In short, "POCSO Act").

(2.) The prosecution case, in brief, is that on 27/5/2017, the informant (mother of the victim) lodged a report alleging that on the day of incident, at about 8.00 a.m., her elder daughter along with her husband had gone for work. Around 3-00 p.m., she along with her two other daughters went to the field, leaving behind the victim girl, who is mentally retarded, at home. At around 4.00 p.m., upon returning home, the informant heard cries emanating from the kitchen. On proceeding there, she noticed the present appellant hugging her daughter, who was struggling to free herself. On seeing the informant, the appellant immediately released the victim.

(3.) On the basis of the said report, FIR No. 113/2017 came to be registered for the offences punishable under Ss. 354-A(2), 451 and 323 of the IPC and Sec. 10 of the POCSO Act. The victim was medically examined, statements of witnesses were recorded, spot panchnama was prepared, and after completion of investigation, charge-sheet was filed before the competent Court.