ABHISHEK BHIMRAO DHOKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.4.2019 rendered by Additional Sessions Judge - 4, Amravati in Special POCSO Case 211 of 2016 whereby the appellant is convicted and sentenced as follows: Section 354D(i) of the IPC Rigorous Imprisonment for three years and payment of fine of Rs.5000/-, in default to undergo simple imprisonment for three month. Section 452 of the IPC Rigorous Imprisonment for three years and payment of fine of Rs.5,000/-, in default to undergo simple imprisonment for three month. Section 7 punishable u/s 8 of Rigorous Imprisonment for the POCSO Act three years and payment of fine of Rs.5,000/-, in default to undergo simple imprisonment for three month. Section 12 of the POCSO Act Rigorous Imprisonment for three years and payment of fine of Rs.5,000/-, in default to undergo simple imprisonment for three month. 354-A of the IPC No separate sentence is imposed for this offence.

(2.) The prosecution case:-

(3.) I have heard Shri R.J. Shinde, the learned counsel for the accused. Shri R.J. Shinde submits that the date of birth of the victim is not proved. Reliance is placed on the decision of the Hon'ble Apex Court in Alamelu and another v. State, represented by Inspector of Police, Sekar and another v. State, represented by Inspector of Police Rangaswamy and another v. State, represented by Inspector of Police reported in AIR 2011 SC 715 and in particular to the observations in paragraphs 38 and 40. Shri R.J. Shinde would submit that the reliance placed by the learned Sessions Judge on the birth certificate Exh. 33 is misconceived since the author of the document is not examined. The submission is noted only for rejection. Exh. 33 is issued by the Amravati Municipal Corporation under the provisions of the Registration of Births and Deaths Act, 1969 and rules framed thereunder. The date of birth is recorded as 11.9.1998 and the birth is registered on 21.9.1998. PW.8 Smt. Prajakta Dhawade who is one of the Investigating Officers and who obtained the birth certificate is not seriously cross-examined on the birth certificate and the suggestion given is that although the victim was more than 18 years old, PW 8 - Smt. Prajakta Dhawade registered offence under section 8 of the POCSO Act. The other suggestion is that no letter was sent to the Municipal Corporation to verify the correctness of the certificate. The victim and her father PW 2 - Puranlal have deposed that the victim was born on 11.9.1998. In my opinion, the finding recorded by the learned Sessions Judge that the prosecution has proved the date of birth of the victim as 11.9.1998, is unexceptionable.