RAMDAS NARAYAN WAGH Vs. STATE OF MAHARASHTRA,

JUDGEMENT

(1.) The appellant accused is convicted for offence punishable under section 6 of the Protection of Children from Sexual Offences Act ("POCSO" Act for short) and section 376(2)(i) of the Indian Penal Code ("IPC" for short) and is sentenced to suffer rigorous imprisonment for ten years and to payment of fine of rs. 500/, by and under judgment and order dated 31.12.2014 rendered by the Additional Sessions Judge - 1, Achalpur in Special POCSO Case 20 of 2014, which judgment and order is impugned herein.

(2.) Heard Shri R. Khemuka, the learned counsel for the accused and Shri N.B. Jawade, the learned Additional Public Prosecutor for the respondent / State.

(3.) The incident occurred on 25.1.2014. The victim, who was then barely 13 years old was studying in Ratnabai Rathi Vidyalaya, Daryapur in 9th standard. The case of the prosecution is that on 25.1.2014, the victim returned from school at 12.00 p.m., had lunch and then went to the courtyard of the house of the accused to play with his granddaughter Poonam. The accused gave some amount to Poonam to buy chocolate from the shop. After Poonam left to buy the chocolate, the accused took the victim to his house, bolted the door from inside, put on the fan and increased the volume of the television and made the victim sleep on the cot.