IMRAN SHAMIM KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under section 6 of the Protection of Children from Sexual Offences Act, 2012 and is sentenced to suffer R.I. for 10 years and to pay fine of Rs. 2000/- in default to suffer S.I. for 15 days. The appellant is also convicted for the offence punishable under section 506(II) of the Indian Penal Code and is sentenced to suffer R.I. for 1 year and to pay fine of Rs. 500/- I.d. to suffer further S.I. for 7 days by the Special Judge under POCSO Act, Gr. Bombay passed in Sessions Case No. 923 of 2013 vide Judgment and Order dated 27/11/2014. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows :

(3.) Implicit reliance can be placed on the substantive evidence of the victim. At the time recording of evidence, the victim was 9 years old. She expressed her inability to give her date of birth, but has stated that she is 9 years old. She has deposed before the Court that initially, she was residing with her mother and every Sunday she used to visit her maternal grand-mother. That Imran was residing as neighbour of paternal grand-mother. It was a big family. She has uncle to whom she refers as Mamu and Chacha also. She has stated that she does not recollect as to whether, she knows Imran, neither name of her uncle nor the fact that she was taken to hospital. The witness was declared hostile. She was questioned by the Court. However, she gave evasive answers. She has resiled from her earlier statement. In answer to the last question she has stated that she wants to study and lead a good life.