VIKRAM @ SANNY DEVISINGH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal under Sec. 374(2) of the Code of Criminal Procedure (henceforth referred to as "Cr.P.C." for short) against the Judgment and Order dtd. 21/02/2024, passed by the learned Special Judge, Gondia in Special Case No.11/2017 convicting and sentencing the Appellant as follows:-

(2.) The prosecution's case, as revealed from the police report, is as under:- a] The Informant was residing at the given address along with her family comprising husband, Victim aged Six (6) years and Six (6) months and son aged Three (3) years. Her husband was in the business of selling bags. They were residing on the ground floor. On the 2nd and 3rd floor of the building her brother-in-law was running the plant of manufacturing the bags. Four (4) to five (5) workers were engaged in the said manufacturing unit. The Appellant was one of the employee working in the said manufacturing unit. On 11/12/2016, the Informant's mother came to her house. On 12/12/2016, the Informant's husband went to Nagpur for work. The Informant, her mother and her children were at home. The Informant's mother took bath and washed her clothes and asked the Victim to put her clothes for drying on the 2nd floor. The Victim refused to go upstairs. The Informant's mother asked the Victim, reason for the same. The Victim told that, the Appellant was a bad person and in last Fifteen (15) days, the Appellant sexually molested her two (2) to three (3) times in the toilet on the upper floor. The Victim informed that, she was having trouble in urinating. After the Informant's husband returned, the report was lodged with the Gondia Police Station against the Appellant and the Crime bearing No.241 of 2016 came to be registered for the offence punishable under Sec. 376(2)(n) of the Indian Penal Code,1860 (for short IPC) and for the offence punishable under Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO). b] The Victim was referred for medical examination. The spot panchnama was drawn. The Appellant came to be arrested. The Appellant was referred for medical examination. Statement of the witnesses were recorded. The articles were seized and sent for examination to the Chemical laboratory. The documents in respect of birth of the Victim came to be collected. On completion of the investigation, the Charge-sheet came to be submitted.

(3.) The learned Trial Court framed the Charge against the Appellant for the offence punishable under Ss. 376(2)(i)(n) of the Indian Penal Code,1860 (for short IPC) and for the offence punishable under Ss. 4,6,8 and 10 of the POCSO Act below Exh.16. The Appellant pleaded not guilty and claimed to be tried.