SUMIT BHIMRAO SHIRSAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge is to the judgment and order dated 6.10.2015, rendered by the Additional Sessions Judge, Akola in Sessions Trial 58 of 2014, by and under which, the appellant - accused is convicted for offence punishable under section 363 of the Indian Penal Code (" IPC " for short) and is sentenced to suffer rigorous imprisonment for two years and to payment of fine of Rs.500/- and is further convicted for offence punishable under section 6 of the Protection of Children from Sexual Offences Act (POCSO Act) and is sentenced to suffer rigorous imprisonment for ten years and to payment of fine of Rs.2,000/-.

(2.) The genesis of the prosecution lies in oral report (Exh. 19) lodged by PW 3 Ranjana Tayade at Police Station Khadan, Akola on

(3.) 12.2013. The gist of the report is that PW 3, her husband Duryodhan, sons Akshit and Atharva and daughter - child victim reside at Mahatma Phule Nagar, Akola. Duryodhan plies auto for livelihood. The accused Sumit Shirsat is a neighbour who resides with his maternal aunt Satyabhama Khandare. Duryodhan was about to leave the house at 4.30 pm on 3.12.2013 for plying the auto, the child victim asked him money to buy chocolate, Duryodhan gave her Rs 5/- and the child victim went to the grocery shop of Haidar Mamu. The child victim returned after some time and called out the informant through the window. The child victim conveyed that she was in pain and that she should be picked up. PW 3 went outside the house to investigate and found the child victim weeping with her knicker lowered. PW 3 comforted her and made inquiries and was told by the child victim that the accused lifted her and took her to his house, removed the knicker, caused her to lay down and committed forcible anal sex. PW 3 inspected the private parts of the child victim and found that blood was oozing from the anus. The buttocks and thigh of the child victim were blood smeared and she was in pain. PW 3 called her husband telephonically, who returned immediately. PW 3, alongwith child victim, lodged the report at Khadan Police Station, Akola. On the basis of the oral report Exh. 19 and the printed First Information Report Exh. 20 offence under section 376(2)(i) , 377 and 363 of IPC and section 5(m) and 6 of POCSO Act was registered against the accused. The accused was arrested on 3.12.2013. Investigation ensued, spot panchanama was drawn and one towel was seized from the accused. The child victim and the accused were medically examined and the reports obtained. The clothes of the accused were seized pursuant to statement given under section 27 of the Indian Evidence Act. The completion of the investigation culminated in submission of the charge sheet in the Special Court. The learned Sessions Judge framed charge (Exh. 2) under section 363 , 376(2) and 377 of IPC and section 6 of the POCSO Act. The accused abjured guilt and claimed to be tried in accordance with law. In the statement recorded under section 313 of Code of Criminal Procedure, no specific defence is taken. However, the trend of the cross- examination reveals that the defence of the accused is of false implication in view of a quarrel between his mother and the mother of the child victim. 3. The prosecution has examined in all 08 witnesses in support of its case. PW01"J" (Exh.15) is the victim girl. PW02 Sindhu Kalane (Exh.17) is the Staff Nurse at Womens General Hospital, Akola, where the victim girl was admitted. PW03 Ranjana Tayade (Exh.18) is the mother of the victim girl. PW04 Police Inspector Shri. Sapkal (Exh. 21) is the police officer, who has recorded the complaint and registered the offence. PW05 Raju Khandare (Exh.27) and PW06 Kunal Medhe (Exh.29) are the panch witnesses. PW07 Dr. Arti Kulwal (Exh.30) is the Medical Officer, who had examined the victim girl after the incident and PW08 A.P.I. Vilhekar (Exh.35) is the Investigating Officer.