JUDGMENT

R.K. Deshpande, J. - The incident is of 15-8-2015, which took place at the newly constructed building of the hostel of Adivasi Madhyamik Ashram Shala, Pandhurna, Tahsil Ashti, District Wardha. The victim is Ku. S (name not disclosed to withhold the identity), aged about ten years and the charge against the accused was that he repeatedly committed rape/penetrative sexual assault on three consecutive days prior to 15-8-2015. The further charge was that the accused committed an act of criminal intimidation by threatening Ku. S to kill her with intent to cause alarm if she discloses the incident to anybody. It was also the charge that not being a member of Scheduled Caste or Scheduled Tribe, the accused was in a position to dominate the will of Ku. S, a minor girl belonging to Scheduled Caste or Scheduled Tribe, and used the position to exploit her sexually by repeated acts. The charges were framed initially on 27-10-2016, and the additional charge was framed on 16-8-2017 for sexual assault on a minor girl aged about ten years, amounting to an offence punishable under Section 5(m) and (p) and Section 6 of the POCSO Act.

2. The conviction of accused Raju on 5-10-2017 in Special (Ch.) Case No.76 of 2015 by the Special Judge for POCSO, Wardha, is for the offence punishable under Section 376(2)(i) of the Indian Penal Code (IPC) and the sentence imposed is of life imprisonment means for the remainder of his natural life and with a fine of Rs. 5,000/-. The conviction is also for the offence punishable under Section 506(II) of IPC and the sentence for it is to suffer rigorous imprisonment for seven years with a fine of Rs. 1,000/-. The further conviction is for the offence punishable under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act) and for it, the sentence is to suffer life imprisonment with a fine of Rs. 5,000/-. All the sentences for the substantive offences are directed to run concurrently. The acquittal is in respect of the offences punishable under Section 376(2)(n) of IPC, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act), and Section 3(1)(xii) of the Atrocities Act.

3. Though the offences were alleged to have been committed on three consecutive days prior to 15-8-2015, the oral report and the written complaint were given for the first time in the Police Station on 6-9-2015 by one Smt. Drupadabai, the grandmother of the victim, registered as FIR No.43 of 2015 at Exhibit 26. The proseuction led evidence and examined twelve witnesses during 9-1-2017 to 1-8-2017. The conviction was recorded by delivering the judgment on 5-10-2017, which is the subjectmatter of challenge in Criminal Appeal No.119 of 2018.

4. The second incident is of 19-8-2015 and the place is the Government Adivasi Ashram School, Pandhurna at 11.00 hours. The accused is the same person Raju and and the victim is Ku. R (name not disclosed to withhold the identity), aged about nine years. Initially the charges were framed on 27-10-2016 alleging that the accused committed rape on Ku. R, aged about nine years and has thereby committed an offence under Section 376(2)((i) of IPC. The second charge was that the accused committed criminal intimidation by threatening to end life of Ku. R and has thereby committed an offence punishable under Section 506 of IPC. The third was that of committing penetrative sexual assault, resulting in commission of offence under Sections 3 and 5 of the POCSO Act, punishable under Section 6 therein. The additional charge was framed on 16-8-2017 in respect of the offence punishable under Sections 2(m) and (p) and 6 of the POCSO Act. Further, the charge under Section 376E of IPC was framed on 12-12-2017.

5. The same accused Raju has been convicted on 11-1-2018 by the same Special Judge for POCSO, Wardha, in Special (Ch.) Case No.77 of 2015 for the offence punishable under Section 376E of IPC and is directed to be hanged by