The conviction under the POCSO Act and IPC was upheld based on the victim's credible testimony and the established sexual intent of the Appellant.

JUDGMENT :

NEERAJ P. DHOTE, J.

1. This Criminal Appeal is directed against the Judgment and Order dated 13.01.2022, passed by the learned Additional Sessions and Special Judge-2, Udgir in Spl. (POCSO) Case No.7/2019 convicting the Appellant for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act ( for short, ‘POCSO’) and sentencing him to suffer three (3) years Rigorous Imprisonment and fine of Rs.15,000/- (Fifteen Thousand), in default to undergo Rigorous Imprisonment for three (3) months, and further convicting him for the offence punishable under Section 354A(1) of the Indian Penal Code, 1860 (hereinafter referred to as the ‘ IPC ’) and sentencing him to suffer Rigorous Imprisonment for six (6) months and fine of Rs.10,000/- (Rs. Ten Thousand), in default to undergo Rigorous Imprisonment for one (1) month.

2. The Prosecution’s case, in brief, as seen from the Police Report, is as under:

2.1. The Victim was studying in 7^th Std. On 25.01.2019 in the morning she went to her school and after the school went to the house of her maternal aunt around 01:00 p.m. While returning to her village, she came to the bus stop at Dhanegaon at 05:30 p.m. At that time, the Appellant came on the Motorcycle and told her that, he was going to the village and asked her to sit on the Motorcycle. The Victim sat on the Motorcycle. On the way to the village, the Appellant stopped the Motorcycle around 06:00 p.m. for urination and he put his hand around the neck of the Victim and dragged her. The Victim managed to remove the hand of the Appellant from her neck and escaped. After reaching home, the Victim informed her Mother about the incident.

2.2. On the next day, the Victim’s Mother took the Victim to the Deoni Police Station and lodged the Report against the Appellant and Crime bearing No.14/2019 came to be registered against the Appellant for the offence punishable under Section 354A(1) of the IPC and for the offence punishable under Sections 7 and 8 of the POCSO. During the course of the investigation, the Spot Panchanama was prepared, the Motorcycle of the Appellant came to be seized, the Statement of the Witnesses were recorded, the relevant documents came to be prepared, the Appellant came to be arrested and on completion of the investigation, the Charge-sheet came to be submitted.

2.3. On committal, the learned Trial Court framed the Charge against the Appellant for the above referred offences below Exh.5, to which the Appellant pleaded not guilty and claimed to be tried. To prove the Charge, the Prosecution examined the following witnesses:

PW1 :- Rajkumar Balwant Dhanegave, the Spot Panch

PW2 :- Madhukar Suryabhan Digole, the Panch Witnesses

PW3 :- Mother of the Victim

PW4 :- Victim

PW5 :- Gajanan Vijay Ansapure, the Investigating Officer

2.4. After the Prosecution filed the evidence closure purshish, the learned Trial Court recorded the Statement of the Appellant under Section 313 (1)(b) of the Code of Criminal Procedure (hereinafter referred to as the ‘Cr.P.C.’). The Appellant stated that, he was falsely implicated. The learned Trial Court, on appreciating the evidence on record, passed the impugned Judgment and Order convicting and sentencing the Appellant as above.

3. It is submitted by the learned Advocate for the Appellant that, the material testimony is that of the Victim. The age of the Victim is not disputed. Her evidence do not show the sexual intent on the part of the Appellant. Even if her evidence is accepted as it is, the essential ingredients for the offence under which the Appellant is convicted are not made out. The Appellant gave explanation in the Statement recorded under Section 313 of the Cr.P.C. The learned Trial Court wrongly appreciated the evidence