IN REFERENCE Vs. RAHUL KAWDE

JUDGEMENT

(1.) This criminal appeal and criminal reference originate from the judgment dtd. 21/2/2023 passed by learned Second Sessions Judge/Special Judge, POCSO Act 2012, Itarsi in POCSO Session Trial No. 71 of 2022, whereby learned Trial Court has convicted the appellant Rahul Kawde and sentenced him as under :- <IMG>JUDGEMENT_39_LAWS(MPH)9_2025_1.jpg</IMG>

(2.) It is submitted that date of incident is 18/11/2022 between 10 a.m. to 11 a.m. Deceased was an eight year old child whose body was found at firing range jungle of Char Tekra village.

(3.) It is submitted that as per the prosecution case, father of the victim lodged a report on 18/11/2022 at police station Kesla to the effect that he is a resident of village Shaktipura. He has two children. Victim was a student of fourth class. Rahul Kawde i.e the appellant is his son-in-law. who had visited Shaktipura from his village Dabri on 17/11/2022 as a guest. On 18/11/2022 complainant, his wife and younger brother had gone in search of work, whereas his father had gone to fields on 17/11/2022 and had not returned back. At his residence his mother and both the children along with their son-in-law Rahul Kawde were present.