VADIVEL @ GUNDAPPA CHINNATAMBI DEVENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused -appellant herein is convicted for an offence punishable under section 366 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and fine of Rs.2,000.00, in default, reigorous imprisonment for four months. He is also convicted for an offence punishable under section 377 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and fine of Rs.3,000.00, in default, rigorous imprisonment for six months. He is also convicted for an offence punishable under section 354 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and fine of Rs.1,000.00, in default, rigorous imprisonment for one month. He is also convicted for an offence punishable under section 506 (II) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and fine of Rs.2,000.00 , in default, rigorous imprisonment for four months. He is also convicted for an offence punishable under section 509 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and fine of Rs.1,000.00, in default, rigorous imprisoment for one month. He is also convicted for an offence punishable under section 4 of The Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for seven years and fine of Rs.5,000.00 , in default, rigorous imprisonment for six months. (all the above sentences are run concurrently) vide judgment and order dated 28th Aug., 2013 passed by the Designated Court under the Protection of Children from Sexual Offences Act, 2012 for Greater Bombay.

(2.) It is the case of the prosecution that on 31st Jan., 2013, PW-2 had sent her child, aged nine years' old, to bring Ariel soap. The child returned after half an hour. She was crying and was in shock. Upon inquiry, she has disclosed to her mother that the present accused had taken her on the top of a tin roof, he had denuded her of her clothes and he attempted to ravish her, upon failure, he had put his private part to her mouth and ejaculated into her mouth. He threatened to kill her with a knife if she made any sound. The mother had suspected three boys. However, the child had identified the present Appellant as the person, who had committed the ghastly act. Therafter, her mother PW-2 lodged a report at the police station on 1st Feb., 2013, on the basis of which, Crime No. 37 of 2013 was registered for the offence punishable under section 354, 506 (II), 509 of the Indian Penal Code and under section 8 and 12 of The Protection of Children from Sexual Offences Act, 2012. The child was referred for medical examination. She had given the same history before the doctor. She had complained about pain over vulval region and difficulty in walking since then. The vagina was filled with mucosa, minimally inflamed. The accused was arrested on 1st Feb., 2013 and sent for medical examination. The swabs were collected and sent for chemical analysis. After completion of investigation, the chargesheet was filed and the case was registered as Sessions Case No. 292 of 2013. The prosecution examined as many as six witnesses to bring home the guilt of the accused.

(3.) The prosecution mainly rests on the evidence of the victim PW-1. The evidence of her mother PW-2 Kamsala K.A. Krishna. Evidence of PW-3 Doctor Archana Kumbhar and the evidence of PW-6 Kalpana Yashwant Gadekar, PI attached to Juhu Police Station.