VISHAL @ VILAS DEVMAN TUMDAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this Appeal is to the judgment and order dated 07.11.2017 in Spl.Child Case No.133/2016 delivered by learned Additional Sessions Judge, Nagpur, convicting the appellant for the offence punishable under section 376(2)(i)(j) & (l) of the Indian Penal Code and Section 6 of the Protection of Child from Sexual Offences Act (POCSO). For the offence punishable u/s 376(2)(i)(j) and (l) of the IPC, the appellant was sentenced to suffer RI for ten years and fine of Rs. 1000/-, in default, SI for one month; whereas for offence punishable u/s 6 of the POCSO Act, to suffer RI for ten years and fine of Rs.1000/-, in default, SI for one month. Both the sentences were directed to be run concurrently.

(2.) Brief facts giving rise to the instant Appeal may be summarized as under:-

(3.) On the basis of the said report, the API PW6- Dayanand Sawant registered the offence. PW6 then sent the victim for medical examination to the Government Hospital. PW6 then visited the place of incident and conducted the spot panchnama (Exh.30). From the place of incident, he collected the soil. PW6 then arrested the appellant during the same night. PW7 API-Dharmendra Joshi, seized the clothes of the appellant under panchnama (Exh.36). He took charge of the clothes of the victim vide panchanama (Exh.38). As the victim was mentally unsound, PW7 referred the victim to the hospital for her examination. He also sent all the seized articles to CA for its analysis. After completion of investigation, charge-sheet was filed in the Court of JMFC. The case was committed to the Court of Sessions. Charge was framed. The defence of the appellant was of total denial. The learned trial Judge after recording the evidence and hearing both sides, convicted the appellant as aforesaid. Hence, this Appeal.