The credibility of witness testimony, corroboration of evidence, and the quantum of sentence imposed based on the circumstances of the case.

JUDGMENT

SARANG V.KOTWAL,J. - The appellant has challenged the judgment and order dtd. 18/2/2019, passed by learned Special Judge, Raigad-Alibag, in Special (POCSO) Case No. 19 of 2018. The appellant was convicted and sentenced as follows:

i) The appellant was convicted for commission of offence punishable under sec. 354-B of the I.P.C. and was sentenced to suffer R.I. for 7 years and to Gokhale pay a fine of Rs.3000.00 and in default of payment of fine to suffer S.I. for three months.

ii) The appellant was convicted for commission of offence punishable under sec. 506 of the I.P.C. and was sentenced to suffer R.I. for 2 years and to pay a fine of Rs.2000.00 and in default of payment of fine to suffer S.I. for one month.

iii) The appellant was convic ted for commission of offences punishable under Sec. 354 and 354-A of the I.P.C., but no separate sentences are awarded in view of sentence passed under sec. 354-B of the I.P.C.

iv) The appellant was convicted for commission of offence under sec. 7 punishable under sec. 8 of the Protection of Children from Sexual Offences Act (for short 'POCSO Act') but no separate sentence is awarded in view of sentence passed under sec. 354-B of the I.P.C.

v) The appellant was acquitted from the charges of commission of offences punishable under sec. 376(2)(n) of the I.P.C. and under sec. 3 read with 4 of the POCSO Act.

vi) The fine amount of Rs.5000.00, if deposited, was directed to be paid to the victim.

vii) All the substantive sentences were directed to run concurrently.

viii) The appellant was granted set off under sec. 428 of the Cr.P.C.

2. Heard Shri. Vivek Arote, learned Counsel for the appellant, Shri. Agarkar, learned APP for the State/respondent No. 1 and Ms. Grishma Lad, learned Appointed Advocate for the respondent No. 2.

3. The prosecution case is that, the victim, her mother and her brother were residing with the appellant. The victim's mother was in a relationship with the appellant. He was looking after the entire family. The victim's biological father was residing in Bihar. The appellant's wife was residing separately. The victim's date of birth was 20/5/2005. The subject-matter of the F.I.R. was an incident dtd. 17/1/2018. On that day, in the morning, the victim and her brother were in the house with the appellant. The victim's mother had gone to attend her duties. The appellant sent the victim's brother outside the house on the pretext of buying something. During that period, he removed his own clothes. He removed the clothes of the victim and touched her private parts with his private parts. He kissed her and pressed her breast. When her mother came back from her duties, she found that victim's lips were swollen. She made inquiries with the victim. The victim told her about the incident. The victim's mother discussed this with her colleague and then approached the Police Station. The offence was registered at Kamothe Police Station vide C.R. No. 11 of 2018 on 18/1/2018. The appellant was arrested on that day itself. The investigation was carried out. The statements of various witnesses were recorded. The victim was referred for medical examination. Even the appellant was medically examined. The victim's clothes and the appellant's clothes were sent for chemical analysis. On the completion of the investigation the charge- sheet was filed and the case was committed before the Special Court.

4. During trial, the prosecution examined nine witnesses including the victim, her mother, the Medical Officer, the Head Master of the victim's school, panchas and the Investigating Officer. The defence of the appellant was of mere denial. He has not taken any specific defence.

5. The victim in this case is examined as PW-2. She has deposed that, she herself, her mother and her brother were residing with the appellant. She referred the appellant as her paternal uncle. Her date of birth was 20/5/2005. She was studying in 8th standard. On the date of incident, her mother had gone to attend her duty. He