KUNDAN S/O SHIVSHANKAR FATING Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION SELOO, TAHSIL SELOO, DISTRICT WARDHA

JUDGEMENT

(1.) This is a appeal, which challenges the legality and correctness of the judgment and order dated 14/09/2017 rendered in Special (Ch.) Case No.32/2015 by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), Wardha.

(2.) The appellant was 30 years old at the time when the incident occurred. The incident occurred at about 02:00 p.m., on 09/04/2015 at the house of the victim at Seloo. At that time, the appellant had come to Seloo as a guest of Nita Sawangekar, who was the tenant of the mother of the victim. Nita Sawangekar was residing along with her husband and two daughters in two rooms given on rent to her family by the mother of the prosecutrix. These two rooms were part of the six roomed house of the mother of the prosecutrix at Seloo. When the incident occurred, the victim was alone at her house. The appellant had entered the house on the pretext of playing with the victim, who then was about 7 years old.

(3.) On receipt of the information about commission of the offence, Police Station Seloo registered an offence punishable under Sections 354-A of the Indian Penal Code and Sections 8 and 10 read with Sections 7 and 9 of the POCSO Act and commenced the investigation. Panchnama was carried out. Statements of witnesses were recorded. The appellant was placed under arrest.