VIKAS VISHNU GHATULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under Sections 376(2)(i) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and a fine of Rs.5,000/- in default, rigorous imprisonment for six months by Additional Sessions Judge1, Nashik vide judgment and order dated 30th December, 2013. The learned Judge has also directed that if the fine amount is paid, an amount of Rs.4,000/- be paid to the natural guardian of the prosecutrix towards compensation. Alternatively, the appellant was also charged for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act. There is no order passed as far as Section 4 of the POCSO Act. Hence, this appeal.

(2.) It is the case of prosecution that on 11th April, 2013, the mother of the victim namely Sangita Shailesh Mannikar (Kulkarni) lodged a report at Sinnar Police Station alleging therein that on 10th April, 2013, her daughter, aged 4 years had gone for playing on the open ground. She returned home at about 6.00 p.m. Her husband had left house for night duty at about 6.30 p.m. She had dinner at about 8.30 p.m. Along with her daughters. She found that her minor daughter was crying. At about 11.30 p.m., she enquired with the daughter and at that time, the child had disclosed that in the afternoon at about 12.30 noon, when she was playing on the open ground, the present appellant had lured her and taken her to his house on the pretext of giving her Vadapav. He had given her Pav Vada and that he had sexually abused her and had inserted a tooth brush in her private part. She examined the child and found swelling on her person and thereafter she had put her to sleep. She had not informed her husband about the same. In the morning at about 8.00 am., she had informed her husband about the ghastly act committed by the present appellant. Her husband had initially informed to the relatives about the said incident and had been in search of the accused and since the accused was not found, they had approached the police station and lodged a report.

(3.) On the basis of the said report, Crime number 93 of 2013 was registered against the accused for the offence punishable under Section 376 (2)(i) of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012. The accused was arrested. After completion of investigation, the charge sheet was filed. The case was committed to the Court of Sessions and registered as Sessions Case No. 204 of 2013.