The judgment established the importance of analyzing the specific legal definitions and elements of the charged offences, as well as considering the nature of the acts and the prescribed punishments in determining the appropriate conviction and sentence.

JUDGMENT :

PUSHPA V. GANEDIWALA, J.

1. This appeal challenges the judgment and order passed by the Special Judge, Gadchiroli, District Gadchiroli in Special POCSO Case No. 07/2019 dated 05/10/2020 by which the appellant/accused is convicted for the offence punishable under Sections 354-A(1)(i) and 448 of the Indian Penal Code (for short “IPC”) and Sections 8, 10 and 12 read with Section 9(m) and 11(i) of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act), in Crime No. 63/2018 registered at police station Gadchiroli, District Gadchiroli.

2. For the offence punishable u/s 448 of IPC, the appellant/accused is sentenced to suffer S.I. for one year and fine of Rs.1000 in default S.I. for 15 days.

3. For the offence punishable u/s 10 of POCSO Act, the appellant/accused is sentenced to suffer R.I. for 5 years and fine of Rs. 25,000 in default S.I. for 6 months. No separate sentence is passed for the offence punishable u/s 8 and 12 of the POCSO Act and Section 354-A(1)(i) of the IPC.

4. The prosecution story, in brief, is as under:

(i) On 12/02/2018, the informant (mother of the prosecutrix) lodged a report stating therein that on 11/02/2018, she had gone to her duty during the period between 8.00 a.m. to 4.00 p.m. and when she returned, she noticed the presence of appellant/accused in her house and molesting her minor daughter, aged about five years.

(ii) It is stated that when the informant left for her duties, her two daughters, aged around 3 and 5 years were alone in the house. Her husband had been out of station. It is alleged that the moment she saw a person in her house holding hands of her elder daughter, she shouted, as a result of which her neighbours gathered there. Thereafter, the appellant/accused ran away.

(iii) On the report of the informant, a crime bearing No. 63/2018 came to be registered against the appellant/accused for the offence punishable under Sections 354-A(1)(i) and 448 of the Indian Penal Code and Sections 8, 10 and 12 read with Section 9(m) and 11(i) of the Protection of Children from Sexual Offences Act, 2012. After investigation, police filed charge-sheet before the Special POCSO Court, Nagpur.

(iv) The Special Court framed charge against the appellant/accused for the offences punishable under Sections 354-A(1)(i) and 448 of the IPC and Sections 8, 10 and 12 read with Section 9(m) and 11(i) of the POCSO Act. The charge was read over and explained to the appellant/accused in vernacular, to which he pleaded not guilty and claimed to be tried. His plea was recorded.

(v) To establish charge against the appellant/accused, the prosecution examined in all six witnesses and also brought on record relevant documents. The trial Court examined the appellant/accused under Section 313 of the Code of Criminal Procedure and recorded his statement. His defence is of total denial.

(vi) The trial Court found the prosecution evidence trustworthy and passed the judgment of conviction and sentenced the appellant/accused as above. This judgment is impugned in the present appeal.

5. I have considered the submissions put forth on behalf of both the sides. I have also perused the record with the assistance of learned both the counsel.

6. In order to facilitate appreciation of evidence, it would be apposite to reproduce the relevant portion of the testimony of the informant (PW-1), who is the only material witness with regard to the incident, which reads thus:

“(1) On that day, I returned from my work to my house at 4.00 p.m. I saw that one person was present in my house. He was not allowing my two daughters from the house from that place. That person had caught hold the hands of victim i.e. my elder daughter. That person was taking victim inside the room of my house. I saw that victim was moving her pant in above direction. I shouted. I abused that person in the words “Kon Hosre Bhadwa, Kai Karat Aahe.” Despite it, that person did not set free my daughter from his clutches. Again I shouted. Thereafter, he set free