The unshaken testimony of the victim and corroborating witnesses, lack of motive for false implication, and consistent evidence formed the basis for establishing the guilt of the appellant.

JUDGMENT :

1. In this appeal, challenge is to the judgment and order dated 17.03.2016, passed by the learned Special Judge, Warora in Special (POCSO) Case No.10/2015, whereby the learned Judge convicted the appellant for the offences punishable under Sections 341, 354-A, 354-D of the Indian Penal Code and under Sections 11(i) and 12 of the Protection of Children from Sexual Offices Act, 2012 (hereinafter referred to as “the POCSO Act” for short). The sentence awarded on different counts is as under :

i] Rigorous imprisonment for two years and fine of Rs.500/-, in default to suffer simple imprisonment for three months, for the offence under Section 11(i), punishable under Section 12 of the POCSO Act.

ii] Rigorous imprisonment for two years and fine of Rs.500/-, in default to suffer simple imprisonment for three months, for the offence punishable under Section 354-D of the Indian Penal Code;

iii] Simple imprisonment for one month for the offence punishable under Section 341 of the Indian Penal Code.

iv] Though, the appellant was convicted for the offence punishable under Section 354-A of the Indian Penal Code, no separate sentence is awarded.

2. The victim girl (PW1), on the date of the incident, was studying in 9th standard at Kisan Vidyalaya, Chikni. She was residing with her parents at Masala, Tah. Warora, Dist. Chandrapur. The victim and her friends would attend the school from their village on bicycle. The incident in question occurred on 11.02.2015 at about 5.00 p.m. It is stated that the victim and her friends were coming back to their village on bicycle after attending the school. The agricultural land of the father of the victim is on the way. The mother of the victim was on the field. Mother of the victim called her to collect key of the house. When the victim went to collect key, her friends went away. The victim, after collecting key from her mother, was proceeding on her bicycle to house. When she came near the agricultural land of Raju Khangar (PW3), the appellant came from behind on his motorcycle. He obstructed the victim and said to her “mi tuzyawar khup prem karto. Chal mala detes ka” (I love you very much and made demand for sex). The appellant, tried to catch hold the hand of the victim. The victim started screaming. Raju Khangar (PW3) heard screams of the victim and came running to the spot. He rescued the victim from the appellant and the appellant went away from the spot. The victim proceeded to her house. She narrated the incident to her mother when she returned home at 7.00 p.m. On the next day, after attending the school, she went to the police station and lodged report of the incident against the appellant. On the basis of the report, Crime No. 43/2015 came to be registered against the appellant.

3. API Prashant Masram (PW8), who was attached to Police Station, Warora on the date of the incident, conducted investigation. He visited the spot shown by the victim and drew spot panchnama. He obtained the relevant documents including the age proof of the victim. He recorded the statements of the witnesses. He arrested the appellant. After completion of investigation, he filed charge-sheet in the Special Court.

4. The learned Special Judge, Warora, framed Charge (Exh.2) against the appellant for the aforesaid offences. The appellant pleaded not guilty and claimed to be tried. The defence of the appellant was of total denial and false implication in the crime. In order to bring home the guilt of the appellant, prosecution examined in all eight witnesses. The learned Special Judge, on consideration and analysis of the evidence, found the appellant guilty and sentenced him as above. Being aggrieved by this judgment and order, the appellant is before this Court in appeal.

5. I have heard Ms. Deepali Sapkal, learned advocate appointed by the High Court Legal Services Sub Committee, Nagpur, for the appellant and Mr. M. J. Khan, learned Additional Public Prosecutor for the respondent-State. With their assistance, I have pe