SHRIDHAR KALU GATIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant/accused is challenging the judgment and order dated 21st Aug. 2014 passed by the learned Additional Sessions Judge, Nashik in Sessions Case No.61 of 2014 thereby convicting the appellant/accused of the offences punishable under section 376 of the Indian Penal Code as well as under section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for the sake of brevity) and sentencing him to suffer rigorous imprisonment for ten years apart from payment of fine of Rs.10,000/and in default of payment of fine to undergo further rigorous imprisonment for two years.

(2.) Brief facts leading to the prosecution of the appellant/accused can be summarized thus :

(3.) I heard Ms.Farhana Shah, the learned appointed Advocate appearing for the appellant/accused. She vehemently argued that medical evidence is not supporting the case of prosecution so also the forensic evidence. The hymen of the victim girl was seen to be intact and the report of her medical examination goes to show that even her vagina was not admitting single finger. Therefore, evidence of the P.W.No.2/victim girl that the appellant/accused had committed forcible sexual intercourse with her is totally improbable. The learned Counsel relied on the Medico Legal Certificate at Exhibit 24. It is further argued that there is delay in lodging the FIR making the prosecution case suspect. It is further argued that the appellant/accused was not tolerating the misconduct of his son and used to scold his son. Therefore, his wife has falsely implicated him in the crime in question.