The main legal point established in the judgment is the reliance on consistent testimonies, medical evidence, and the severity of the crime to establish guilt beyond reasonable doubt.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by the original accused challenging his conviction by the learned Special Judge, under the POCSO Act/Sessions Judge, Nanded in Special Case No. 35 of 2014 dated 16.05.2016, whereby the accused was held guilty of committing offence punishable under Section 376(1) of Indian Penal Code and Section 5(m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”).

2. The prosecution story in short is that informant is the mother of the victim. Victim was aged 6 years and she has one sister and brother aged 3 and 1 years respectively. The father of the victim was a labour. The grandmother (mother’s mother) of the victim resides adjacent to the house of the victim. Accused resides behind the house of the victim and the informant used to go to his house for fetching drinking water.

3. The prosecution story further is that the informant lodged report with Kinwat Police Station, District Nanded on 09.09.2014 disclosing that she had gone to the weekly Bazar around 2.00 p.m. on 08.09.2014. The children were at home. After purchasing necessary articles, she came back to the house and she found that the victim was in frightened condition. Informant asked her as to what has happened, then the victim pointed out towards her private part and told that it is paining. The mother checked the daughter and found that blood was oozing from the private part and it was swollen. Therefore, she asked as to what has happened, then the victim told her in her language i.e. Lamhani that the accused had offered one rupee when she was playing in front of the house and took her with him. Her mouth was gagged and he has committed rape on her. The informant told the said fact to her mother and then they went to the house of the sister of the accused and told her the said fact. After returning to house, informant informed the said fact to the Police Patil and Deputy Sarpanch. The father of the victim had not returned early. Therefore, she went to police station on the next day and lodged the report.

4. After the report was lodged, the victim was referred for medical examination. Panchanama of the spot was carried out. The clothes of the victim were seized. Accused came to be arrested. His clothes were seized. He gave memorandum and discovered mattress which he had led at the time of act. Statements of witnesses were recorded. Accused was got medically examined. The medical report of the victim was collected and after completion of investigation, charge-sheet was filed.

5. The accused was not released on bail. Upon his production before the learned Special Court, charge was framed. When he pleaded not guilty, the trial has been conducted. Prosecution has examined in all twelve witnesses to bring home the guilt of the accused. After hearing both sides and perusing the evidence, the learned Sessions Judge held the accused guilty. He has been sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- in default to suffer rigorous imprisonment for three months for the offence punishable under Section 5(m) punishable under Section 6 of the POCSO Act. In view of Section 42 of the POCSO Act, no separate punishment was awarded for the offence punishable under Section 376(1) of the Indian Penal Code, though he has been held guilty. Recommendation was also made by the learned Sessions Judge to the District Legal Services Authority under Section 357(A)(2) of the Code of Criminal Procedure for deciding the quantum of compensation to be awarded to the victim.

6. Heard learned Advocate Mr. M.A. Tandale for the appellant and learned APP Mrs. V.S. Choudhari for the respondent-State.

7. It has been vehemently submitted on behalf of the appellant that the learned Trial Judge has not appreciated the evidence properly. The major lacunas though pointed out have not been dealt with. As per the FIR and the testimony of P.W.1, the incident has tak