CHANDRAPUR, TAH. AND DISTRICT Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-8-18
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on August 11,2017

CHANDRAPUR, TAH. AND DISTRICT Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

MANISH PITALE,J. - (1.) this judgment we are disposing of two appeals. Criminal Appeal No. 48 of 2016 has been filed by the accused challenging the judgment and order dated 18.12.2014 passed by the Special Court, Chandrapur in Special (Child) Case No. 8 of 2013, whereby the accused-appellant has been convicted under Section 376(2)(f)(i) of the Indian Penal Code ( "IPC") read with Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of 3 Rs.1,000/- and in default to suffer rigorous imprisonment for 3 months. Criminal Appeal No.67 of 2015 has been filed by the State praying for enhancement of punishment, claiming that the sentence imposed on the accused of rigorous imprisonment for 10 years is inadequate, in the facts and circumstances of the case.
(2.) The prosecution case is that on 14.07.2013 the accused, stepfather of the victim/complainant (hereinafter referred to as "the prosecutrix"), came to his house at about 1 p.m. and gave to Rs.10/- to the prosecutrix and Rs.2/- each to her brothers for purchasing snacks from the grocery shop. The children, including the prosecutrix, returned home at about 2.30 p.m., when the accused asked his sons to go and play outside the house.
(3.) The accused then called the prosecutrix inside the house, closing the door from inside and he put her on a mat on the floor. He then removed her slack and knicker and threatened her. The accused laid the prosecutrix on the mat and upon removing his pant, he inserted his penis in the vagina of the prosecutrix. Due to pain, she started weeping, upon which her mother came to the house and knocked the door. The accused wore his clothes, opened the door and after quarreling with the mother of the prosecutrix, he left the house.;


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