LAWS(BOM)-2018-1-52

PRAFULLA RAMBHAU KACHARE Vs. STATE OF MAHARASHTRA

Decided On January 10, 2018
Prafulla Rambhau Kachare Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellant is aggrieved by the judgment and order dated 11-7-2016 passed by the learned Additional Sessions Judge, Amravati in Special Atrocity Case 2/2014, by and under which the appellant (hereinafter referred to as the "accused") is convicted for offence punishable under Section 376(2)(f) of the Indian Penal Code (" IPC " for short) and is sentenced to suffered for rigorous imprisonment for ten years and to payment of fine of Rs.30000/- and is further convicted for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act ("POCSO" for short) and is sentenced to suffer rigorous imprisonment for ten years and to payment of fine of Rs.30,000/-.

(2.) The child victim, who was aged 6 years as on the date of the incident, is the daughter of the informant Sheela Shalik Dhurve on the basis of whose report the offence under the provisions of Section 376(2)(f) of the IPC, Section 6 of the POCSO and 3(1)(xii) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act ("Atrocities Act" for short) was registered against the accused.

(3.) The gist of the oral report dated 23-11-2013 lodged by P.W.2 Sau. Sheela is thus :