(1.) By the present appeal, the appellant is challenging the judgment and order of conviction passed by the learned Special Judge, Warora in Special (POCSO) Case No. 05 of 2015 on 27.4.2016. By the impugned judgment, the appellant stands convicted for the offence under Sec. 5(1) punishable under section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POSCO Act" for short) and for that he is directed to suffer rigorous imprisonment for Ten years and to pay a fine of Rs. 1,500.00 and in default to suffer simple imprisonment for eight months. He is also convicted for the offence punishable under Sec. 363 of the Indian Penal Code and he is directed to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500.00 and in default of payment of fine, to undergo simple imprisonment for three months. The appellant is also convicted for the offence punishable under Sec. 366A of the Indian Penal Code and he is directed to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1,000.00 and in default of payment of fine, to undergo simple imprisonment for six months. Similarly, he is convicted for the offence punishable under Sec. 376 of the Indian Penal Code and under Sec. 3(a) punishable under Sec. 4 of the POCSO Act, however no separate sentence was awarded for the same. The Court below has directed that all the sentences shall run concurrently.
(2.) Initially, the appellant along with one Pramod Wasnik were charged for the offence punishable under Sections 363, 366A read with Sec. 34 of the Indian Penal Code so also under Sec. 3(a) read with Sec. 5(1) and under Sec. 4 punishable under Sec. 6 of the POCSO Act and also under Sec. 376 of the Indian Penal Code. However, by the impugned judgment, the Court below has acquitted the original accused no. 2 Pramod Wasnik from all the charges. Though, accused Pramod Wasnik is acquitted from all the charges, the State has not preferred any appeal challenging his acquittal.
(3.) The prosecution case, in short, is as under :