RAKESH KISAN NAGARALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant - original accused has been convicted under Section 376(2)(i) of the Indian Penal Code, 1860 (I.P.C. in brief) and under Section 4 of the Protection of Children from Sexual Offences Act, 2012. Under Section 376 of the I.P.C., he has been sentenced to suffer rigorous imprisonment for 10 years with fine and under Section 4 of the Protection of Children from Sexual Offences Act, he has been sentenced to suffer rigorous imprisonment for 7 years with fine. The sentences have been directed to run concurrently by the Additional Sessions Judge, Dhule vide judgment dated 27.5.2015 passed in Special Case No.55/2014. The present appeal is against the conviction and sentence.

(2.) The case of prosecution in short is as follows :

(3.) Rajendra Baliram (P.W.5) then Police Inspector, Sindkheda registered the offence at about 9.30 a.m. on 2.5.2014 and investigated the same. The clothes of the victim and the amount of Rs.10/- were seized vide panchanama (Exh.18). The investigating officer prepared the spot panchanama (Exh.21, which was admitted by accused). The clothes of the accused were also seized on the same day vide panchanama Exh.19. The accused as well as the victim were referred for medical examination to the hospital. Statement of the victim was got recorded before Special Court, Dhule under Section 164 of Code of Criminal Procedure. The samples of nail clippings, pubic hair and blood of the accused were collected. The seized articles were sent to Chemical Analyser and Chemical Analyser's report was obtained. After investigation, the charge sheet came to be filed.