SUKHLAL YASHWANT GHASALE 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." as short) against the Judgment and Order dtd. 11/4/2023, passed by the learned Sessions and Special Judge Gondia, in Special POCSO Case No.05 of 2017, convicting and sentencing the Appellant as follows:-

(2.) The prosecution's case, as revealed from the police report, is as under:- The Victim was the minor. She was residing with her parents and sister at the address given in the police report. On 23/11/2016, the Victim accompanied her mother and sister to watch sport event in the village Mandai (place of fair). While returning home around 6.00 p.m., the elder sister of the Victim expressed the desire to purchase the food items. Therefore, the Victim's sister and the Victim stayed in the Mandai and their mother went home. Where both of them were standing near one shop, the Appellant came, caught hold of the hand of the Victim and took her to the forest. The Appellant pulled down the Victim's slack. The Victim pushed the Appellant and rescue herself. The Victim's sister went home and informed their mother that, some one took the Victim in the forest. After some time, the Victim came home weeping and narrated the incident to her mother. The Victims mother took the Victim to the Mandai. The Appellant came to be apprehended. The report was lodged by the Victim's mother with the Deori Police Station and Crime No.161 of 2016, came to be registered against the Appellant for the offence punishable under Sec. 354 and 506 of the Indian Penal Code(for short IPC) and for the offence punishable under Sec. 12 of the Protection of Children From Sexual Offences Act,2012 (for short POCSO Act).

(3.) The Appellant was taken in custody by the police. The Victim was referred for medical examination. The Appellant was also medically examined. The statement of the Victim was recorded. The Spot Panchnama was prepared. The statement of witnesses were recorded. Necessary documents were seized. On Completion of the investigation, the Appellant came to be charge-sheeted.