MANISH PITALE
Mohan Ambadas Meshram – Appellant
Versus
State of Maharashtra – Respondent
1. The appellant herein has been convicted under Section 376 (2) (i) of Indian Penal Code (IPC) and Section 6 of Protection of Children From Sexual Offences Act, 2012 (POCSO Act) and he has been sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/. The Sessions Court, Chandrapur (Trial Court) has, by the impugned judgment and order, imposed aforesaid conviction and sentence on the appellant in Special (Child) Case No.30/2015.
2. The prosecution case in brief is that on 08.01.2015, prosecutrix (PW4), victim in the present case, was playing under a tree near the house of the appellant (accused) which was under construction. When the friends of the prosecutrix went to answer call of nature, the appellant lured her into the said house by offering her Rs.2/. Friends of the prosecutrix (PW4) returned and upon hearing the voice, they went to the house and peeped in from a hole in the wall, where they saw that knicker of the prosecutrix (PW4) had been removed and the appellant was sleeping on her body. One of the friends i.e. Sneha (PW5) then went to the house of Shila Meshram (PW2) and told her about the incident whereupon Shila (PW2) went near th
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