RAHUL S/O DAGADU SIRSAT Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION AKOT (RURAL), TAHSIL AKOT, DISTRICT AKOLA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8.2.2017, rendered by the Special Judge, Akot appointed under Protection of Children from Sexual Offences Act, 2012 (in short, "PoCSO Act"), thereby convicting the appellant of the offences relating to aggravated penetrative sexual assault punishable under Section 6 read with Section 5 (k) of the PoCSO Act and also under Sections 450 and 452 of the Indian Penal Code and handing over different sentences for all these offenses ranging from 6 months to 10 years together with different fine amounts varying between Rs.5,000/ and Rs.25,000/ along with default sentences.

(2.) The appellant was about 34 years of age at the time of incident which occurred on 17.11.2015 in the house of victim of the crime situated at village Akolkhed, Tq. Akot, Distt. Akola. The victim of the crime was then aged about 17 years and was differently abled person with alleged mental age of 4 and half years. The victim was then present at the house and it is alleged that as she desired to fetch the tap water for household purposes, she asked her younger brother 'A' to go and see if the water had started to run in the public water tap installed nearby. The brother 'A' therefore left the house and taking advantage of the victim being alone at her house, the appellant entered her house and removed her clothes as well as his own lower clothes and committed forcible sexual intercourse with the victim. The parents and elder brother of the victim returned home in the evening and learnt about the obnoxious act committed by the appellant with the victim. They were told about the incident by brother 'A'. When enquired with the victim, the victim also confirmed about commission of forcible sexual intercourse with her by the appellant. The mother of the victim after consulting her husband decided to file a complaint against the appellant with the concerned Police Station, which was Police Station Akot (Gramin).

(3.) First Information Report was lodged with Akot (Gramin) Police Station on 17.11.2015 and criminal law was set in motion. The spot panchanama was prepared, necessary seizures were made and statements of witnesses were recorded. The appellant was found out, identified and placed under arrest. After completion of the investigation chargesheet was filed against the appellant. On merits of the case, learned Sessions Judge found that the charge framed against the appellant of commission of aggravated penetrative sexual assault, rape and house tracepass was proved beyond reasonable doubt and accordingly convicted and sentenced the appellant to different sentences as stated earlier, by the impugned judgment and order. Not being satisfied with the same, the appellant is before this Court in the present appeal.