(1.) Convict for offence under Ss. 375(b) and (d), 376(3), 376AB and 506 of the Indian Penal Code (IPC) as well as under Ss. 3(b) and (d), 4(2), 5(m), 6, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), hereby takes exception to judgment and order of conviction rendered by learned Sessions Judge, Nanded in Special (POCSO) Case No.157 of 2023.
(2.) In short, prosecution was launched by Shivajinagar Police Station, Nanded, on accusation that, accused asked the victim, aged 12 years, to go to upper floor room of his house and bring his money purse and after following her, there, after disrobing the girl, he felt her body through his hand and inserted his finger in her private part and thereby committed above offence under aforesaid Ss. of the IPC as well as the POCSO Act.
(3.) Learned counsel for accused would point out that, there is false implication. That, infact accused and victim are relatives. That, alleged occurrence is of 14/9/2023, but FIR is lodged on 16/9/2023 and as such, there is delay, which is not properly explained and consequently, story put-forth is concocted and fabricated. That, moreover, implication is in the backdrop of previous disputes.