MAHESH SAMBHAJI CHAFLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction in Special (Child) Case No.6 of 2015 by learned Additional Sessions Judge/Special Judge, Hingoli dated 14-11-2016 under Protection of Children from Sexual Offences Act. The appellant-accused has been convicted for the offence punishable under Section 4 of Protection of Child from Sexual Offences Act (hereinafter referred to as the "POCSO" Act) and has been sentenced to suffer rigorous imprisonment for seven years and shall pay a fine of Rs.35,000/- in default to suffer rigorous imprisonment for six months. Amount of Rs.25,000/-, out of the fine amount recovered, has been directed to be given to the child as compensation.

(2.) The prosecution had come with the case that the victim child was aged 9 years on 18-02-2015 and was residing with his parents, two sisters and one brother. He was taking education in 5th standard. The parents of the victim are agriculturist and labour. The victim had gone to school on 18-02-2015 and had returned around 4.00 p.m. Thereafter, he had gone to fetch water from the tube well near his house. He met neighbour Mahesh Sambhaji Chafle i.e. present appellant while returning back to house. Accused gave him currency note of Rs.10/- and asked the victim to bring tobacco packet (Tota) of Rs.5/- and change of Rs.5/-. Accused also told that the victim should keep Rs.2/- out of the said change and return Rs.3/- to himself. Accordingly, victim went to the grocery shop of one Sudam Dhande, purchased the tobacco packet and brought the change. He went to the house of the accused and gave it to accused and then accused asked him to keep Rs.2/- and accepted Rs.3/- from the victim. Thereafter, accused picked the victim and took him to the middle room of his house where there was a wooden cot and mattress on the same. Thereafter, after removing clothes of himself as well as victim, he has committed unnatural intercourse with the victim. Victim went to his house, answered nature's call and after his mother arrived, he told the entire story to the mother. In the meantime, his father also arrived and then he had told the incident to his father. It is stated that though the Sarpanch was called, he had advised the father of the victim to wait and thereafter, when nothing happened, on the next day morning the victim and his father went to the police station and lodged report. The first information report has been lodged by the victim himself.

(3.) It is the further prosecution story that the victim was referred for his medical examination. After medical examination was conducted, his samples were taken. His clothes were seized by executing panchanama. Panchanama of the spot was carried out. Statements of the witnesses were recorded. Accused came to be arrested. Search of his house has been taken and panchanama has been drawn. After collecting the necessary documents, especially, the medical report of victim as well as that of the accused, the charge sheet was filed.