PRADIP PRAKASH BAIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant/convict takes exception to the judgment and order dtd. 7/6/2022 passed in Special Case No.16 of 2014, whereby the Appellant came to be convicted for the offences punishable under Sec. 376(2)(i), 506 of IPC and Sec. 6 and 10 of the Protection of Children from Sexual Offences, Act 2012 ('POCSO' for short), sentenced to suffer maximum sentence of imprisonment of 10 years with fine, with default sentence.

(2.) First informant i.e. mother of the victim lodged report to the Ghatkopar Police Station informing about the occurrence of the incident prior to 4 days of lodging of the report. According to the informant, on 26/8/2013 victim complained to her mother about stomach pain. On questioning her about the reason for the same, she disclosed that prior to 4 days a man residing in front of the house called her on the pretext of giving food articles. He thereafter, removed her clothes and committed sexual intercourse with her. Informant further states that her husband came back home at about 09.00 p.m. and thereafter, he called his brother. On the advice of his brother, they went to the police station and lodged report. Investigation was carried out by a woman police officer. Victim was sent for medical examination. Statement of the witnesses were recorded under Ss. 161 and 164 of Cr.PC. Spot panchanama was done. Seized muddemal was sent to CA for examination. On conclusion of investigation, chargesheet came to be filed before the competent Court. The charge was framed. The accused denied the charges.

(3.) The prosecution examined the following witnesses to prove the offence against the accused. PW-1 Gayatri Ravindra Gavali, PW-2 Anita Ravindra Gavali, PW-3 Ravindra Jayhari Gawali, PW-4 Rajesh Prakash Thakur, PW-5 Sultana Akhtar Baig, PW-6 Mrs. Kamal Madhav Nanaware and PW-7 Dr. Kiran Yadav.