SOMESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), against the judgment and order dtd. 8/2/2023 passed by the learned Sessions Judge, Gondia, in Special (POCSO) Case No.32/2018 convicting and sentencing the Appellant as follows:-

(2.) The Prosecution's case, as revealed from the police report, is as under:- The Informant was residing with her husband and two minor daughters at Navegaon Khurd, District Gondia. Informant and her husband were labourerers. On 17/2/2018, the Informant and her husband left home in the morning for work. Both the daughters were at home. In the afternoon when the Informant returned home, her elder daughter (Victim) complained of irritation in her private part. The Informant checked the same and noticed redness and swelling. As she had no money, she did not take the Victim to the Doctor on that day. On the next day, the Informant took the Victim to one Dr. Chauhan. On 19/2/2018 in the evening, the Victim told the Informant that, the Appellant, who was their neighbourer had put finger in her vagina and threatened her not to disclose the same to anybody. The Informant told the incident to her husband. On 21/2/2018, the incident was reported to the Tirora Police Station, District Gondia and Crime No.0051/2018 came to be registered against the Appellant for the offence punishable under Sec. 376 (2)(i) of the Indian Penal Code (for short, "IPC") and Ss. 4, 6, 8 of the Protection of Children from Sexual Offences Act, 2012. The Victim was referred for medical examination. The statement of Victim was recorded. The spot panchanama was performed. The Appellant came to be arrested. The Appellant was referred for medical examination. On completion of investigation, the Appellant came to be chargesheeted.

(3.) The learned Trial Court framed the Charge against the Appellant below Exhibit-20 for the offence punishable under 376(2)(i) of the IPC and Ss. 4, 6, 8 of the POCSO Act. The Appellant pleaded not guilty and claimed to be tried. To prove the Charge, the Prosecution examined in all four (4) witnesses. The Informant - mother of Victim is examined as PW 1, the Victim is examined as PW 2, the Medical Officer - Dr.Sheetal I. Khandelwal is examined as PW 3 and the Investigating Officer - Kailash Vishnu Gaute is examined as PW 4. In the evidence of the prosecution witnesses, the relevant documents are brought on record. After the prosecution filed evidence closure Pursis, the statement of the Appellant came to be recorded under Sec. 313(1) (b) of the Cr.P.C. In defence, the Appellant examined his wife as DW 1 to contend that, on the day of incident there was programme at the Appellant's house which was attended by many people and the accusations were false. On appreciating the evidence available on record, the learned Trial Court passed the impugned Judgment and Order convicting and sentencing the Appellant as above.