SANDIP AND ORS. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to judgment and order dated 17th of February, 2016, passed in Special (POCSO) Case No. 27 of 2014 by Special Court at Warora, Distt. Chandrapur, whereby appellant came to be convicted for the offence punishable under Section 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 1000/-, in default to suffer simple imprisonment for four months. Appellant is also convicted for the offence under Sections 3, 5 and 9 punishable under Sections 4, 6 and 10 of the Protection of Children from Sexual Offences Act, however, no separate sentence is imposed for these offences.

(2.) In brief, it is the case of prosecution that PW 5, Sangita Vasanta Jivtode, mother of prosecutrix along with her husband and motherinlaw returned home from labour work at around 6 p.m. At that time, prosecutrix aged 5 years, was crying for sweets when appellant came to their house and took her away with him on the pretext of offering her sweets. After returning back within fifteen minutes Sangita noticed that minor girl was crying and on inquiry informed that appellant took her to nearby shop for offering her sweet and inserted his finger in to her vagina. Sangita also noticed bleeding injury sustained by the prosecutrix into her vagina and therefore, took her to Warora Police Station and lodged report, Exh.25.

(3.) Report was reduced into writing by Lady Police Constable Maya Parchake and on the strength of said report offence came to be registered vide Crime No. 275 of 2014 which was investigated by PW 9 Prashant Masram, API, during the course of which, on the same day, he issued requisition letter, Exh.16 for carrying medical examination of the prosecutrix and deputed PW 4, LPC Samiksha Pandurang Bhongade for carrying prosecutrix to the hospital. Inspite of reaching in the hospital on 31st October, 2014, no medical examination could be held on that day which was accordingly performed on 1st November, 2014 by PW 2 Dr. Jaya Kashinathrao Bhongade and had issued medical report, Exh.17 certifying that on medical examination hymen was noted to be fresh torn with multiple blood stains found on her inner clothes. It was also certified that there was inflammation and bleeding present at the time of medical examination.