RAMU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against judgment and order of conviction passed by learned Additional Sessions Judge-I and Special Judge, Achalpur in Special Criminal Case No.89/2014. By the said, appellant was convicted for the offence punishable under Section 6 of the Protection of Children From Sexual Offences Act and Section 376(1) of the Indian Penal Code and is directed to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.2,000/-, in default to suffer rigorous imprisonment for six months. He was also convicted for the offence punishable under Section 341 of the Indian Penal Code and was directed to suffer simple imprisonment for one month. Both the sentences were directed to run concurrently. The appellant was in jail from 16.07.2014 till the date of impugned judgment dated 25.04.2017. Therefore, set off was given. This appeal was admitted on 08.02.2019. However, appellant was not given bail. Hence, the appellant is in jail.

(2.) The prosecution case, as it was unfurled during the course of trial is as under:

(3.) After registration of crime, PI Gite (PW7) sent victim to Rural Hospital, Chikhaldara for her medical examination and thereafter she was sent to Government Hospital, Amravati for her medical examination. PI Gite (PW7) thereafter prepared spot panchanama (Exh.-25) in presence of pancha Hiraman Sawalkar (PW2). He also seized clothes of victim in presence of Hiraman (PW2) under seizure panchanama (Exh.-26). He also collected school leaving certificate of victim girl. Statement of the witnesses were also recorded. Appellant was arrested by him on 16.07.2014. Appellant was sent for his medical examination. He seized clothes of appellant under panchanama (Exh.-36) in presence of pancha Hanif Shah (PW4). He also seized medical samples of victim under seizure panchanamas (Exhs.-34 & 35). Samples were seized by PI Gite in presence of Hanif Shah (PW4). In the meanwhile, PI Gite was transferred. Therefore, investigation was further carried by PI Nitin Gaware (PW8). This prosecution witness sent muddemal articles to Chemical Analyser (CA) under CA requisition (Exh.-48). He issued letter to Gram Panchayat and requested to issue birth certificate of victim girl (Though in the evidence it is recorded that requisition letter is at Exh.-49, original record shows that the said requisition is at Exh.-35). Gram Panchayat issued birth certificate of victim (Though in evidence of PI Gaware (PW8), said is at Exh.-50 perusal of the original record shows that it is at Exh.-36). After completion of investigation, he filed charge-sheet. Charge was framed against the appellant. He abjured his guilt and claimed for his trial.