ROHIT B.DEO
Manish – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Rohit B. Deo, J.
1. The appellant - who shall be referred to as the accused hereinafter - is assailing the judgment dated 26.9.2017 rendered by the Additional Sessions Judge - 1, Nagpur in Special Child Protection Case 128 of 2013 whereby the accused is convicted for the offence punishable under section 6, read with section 5(n) of the Protection of Children from Sexual Offences Act ("POCSO Act") and is sentenced to suffer rigorous imprisonment for ten years and to payment of fine of Rs. 5,000/- and in default to suffer further rigorous imprisonment for one year.
2. The victim, then aged 13 years lodged report at Police Station Mauda on 10.8.2013 (Exh.25) pursuant to which offences punishable under section 6 of the POCSO Act and section 376(2) (f)(i) of the Indian Penal Code ("IPC") were registered against the accused vide crime 129 of 2013.
3. The gist of the report, which is lodged by the victim who was accompanied by her mother Smt. Pushpa (PW-2) is thus:
The victim was studying in the 9th standard at Shrinath Vidyalaya, Mahalgaon, her father was suffering from epilepsy and expired 5 years ago. Since then, the victim her mother, sister-Priya (PW-7), brother Prashant and th
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