Decided on July 06,2018

Shyam Kumar Dhurve Appellant


Subodh Abhyankar, J. - (1.) This criminal appeal under Section 374 (2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved by the judgment dated 4.12.2014 passed by the Second Additional Sessions Judge, Mandla in ST No.65/2014, whereby the present appellant has been convicted for commission of offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") and sentenced to undergo ten years rigorous imprisonment with fine of Rs.15,000/- with default clause.
(2.) The prosecution story, in short is that on 19.3.2014 a report was lodged by Gyani Singh, father of the victim to the effect that on 19.3.2014 he was informed by one Bablu that present appellant Shyam Kumar Dhurve has committed the unnatural offence with his son the victim, who had not even completed 12 years at the time of incident. When Bablu and victim's father reached on the spot, they saw the appellant running away from the spot. On enquiry from the victim, he narrated the entire incident to his father that he and his sister Shyamkali were returning with his friend Suraj from the river, at that time the appellant took him away on the pretext of showing a well, but the appellant took him to a quarry where he undressed both of them and committed sodomy with him but on hearing the victim's cries PW-6 Ramkumar and PW-4 Bablu came to the spot and after seeing them, the appellant fled from the spot. The FIR (Ex.P-4) was lodged by the victim's father Gyani Singh (PW-2) on 20.3.2014. The victim was examined in the hospital by PW-8 Dr.D.K.Taksande, and in Ex.P-13-A as MLC of the victim, although no external injury was found, however samples were obtained from his body in the form of swabs and slides and the same were sent to the FSL, Sagar. The accused was also examined and the slides of his semen also obtained vide Ex.P-14. The date of birth of the victim has been proved vide Ex.P-8, which is the scholar register wherein the date of birth of the victim is mentioned as 5.10.2002. Thus on the date of incident i.e. on 19.3.2014 the victim had not even completed 12 years.
(3.) After investigation, the charge sheet was filed before the competent Court, after the evidence was led before the trial Court by the parties, the appellant was convicted by the learned Judge of the trial Court as aforesaid. The defence of the accused is that he has been falsely implicated in the case on account of enmity between him and the villagers against whom his father had made various complaints about theft of sand.;

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