SUNIL AMBADAS GAWAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The learned Special Judge and Additional Sessions Judge, Yavatmal on 24.8.2016 in Special Case (POCSO) No.34/2014 found the appellant guilty for the offences punishable under Sections 376(2)(i)(n) and 506 of the Indian Penal Code and under Sections 4 and 6 of the Protection of Children from Sexual Offices Act, 2012 (hereinafter referred to as "the POCSO Act" for short) and directed to suffer rigorous imprisonment for 14 years on each count for the offences under Section 376 of the IPC and under Section 6 of the POCSO Act, with fine of Rs.5,000/- on each count. The appellant is also directed to suffer simple imprisonment for a period of two years and to pay a fine of Rs.1,000/- for the offence punishable under Section 506 of the Indian Penal Code. All the sentences are directed to run concurrently.

(2.) Though, initially the appeal was filed through a private advocate and private paper book was also filed, the said Advocate was discharged and Shri R. M. Daruwala, the learned counsel was appointed through the High Court Legal Services Sub-Committee to represent the appellant.

(3.) PW11 Abhay Ashtikar, Assistant Police Inspector on 26.2.2014 was attached to Police Station, Yavatmal (City), Yavatmal as Night Duty Officer. On the said day, Pooja (PW2) came to police station to lodge the report. She lodged her oral report, which was reduced into writing as per her say by API Ashtikar. It is at Exh.54. On the basis of said report, crime was registered vide Crime No. 144/2014. The printed first information report is at Exh.55. The said Investigating Officer also arrested appellant Sunil Gawai on 27.2.2014 under arrest panchanama (Exh.91). Further investigation was handed over to lady PSI Tejaswini Girsawale.