GOVIND ALIAS HERAMB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is an example how science and the scientific investigation not only facilitate the Court to reach to correct conclusion to punish the perpetrator of a crime but such scientific evidence also saved three young boys from languishing in jail for about 10 years.

(2.) By the present appeal, the appellant, who is stepfather of the victim, is challenging the judgment and order of conviction passed by learned Designated Judge, POCSO Act and Additional Sessions Judge-2 Nagpur dated 08.08.2018 in Special Case Child Protection No.226/2015. The appellant is convicted for an offence punishable under Sections 376 (2) (f), (i) (j) of the Indian Penal Code (IPC) and is sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for six moths. He is further convicted for an offence punishable under Section 6 of the Protection of Children From Sexual Offences Act, 2012 (POCSO Act) and is sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for six months. Both sentences are directed to run concurrently.

(3.) The prosecution case is as under: