ORAL JUDGMENT

1. These two appeals arise out of the judgment and order dated 03.06.2022, passed by the learned Extra Joint District Judge and Additional Sessions Judge, Akola, in Sessions Trial No. 113/2020 whereby the learned Judge convicted the appellants/accused nos.1 and 2 for the offences punishable under Sections 354, 354-A, 354-D, 452 r/w Section 34 and U/s 506(I) of the Indian Penal Code and under Section 7 punishable under Sec.8 and offence under Sec. 11 punishable under Section 12 of the Protection of the Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for short). Both the appellants/accused are sentenced as follows :

a] Rigorous imprisonment for five years and to pay fine of Rs.5,000/- and in default to suffer SI for three months for the offence punishable under Section 354 of the IPC.

b] Rigorous imprisonment for three years and to pay fine of Rs.5,000/- and in default to suffer SI for three months for the offence punishable under Section 354-A of the IPC.

c] Rigorous imprisonment for three years and to pay fine of Rs.5,000/- and in default to suffer SI for three months for the offence punishable under Section 354-D of the IPC.

d] Rigorous imprisonment for Seven years and to pay fine of Rs.10,000/- and in default to suffer SI for six months for the offence punishable under Section 452 read with Section 34 of the IPC.

e] Rigorous imprisonment for two years and to pay fine of Rs.5,000/- and in default to suffer SI for three months for the offence punishable under Section 506(I) of the IPC.

f] Rigorous imprisonment for five years and to pay fine of Rs.10,000/- and in default to suffer SI for six months for the offence under Section 7 punishable under Section 8 of the POCSO Act.

g] Rigorous imprisonment for three years and to pay fine of Rs.5,000/- and in default to suffer SI for three months for the offence under Section 11 punishable under Section 12 of the POCSO Act.

2. The appellant in Criminal Appeal No. 364/2022 is accused no.2 and the appellant in Criminal Appeal No. 515/2022 is accused no.1. In this judgment, they would be referred as accused no.1 and accused no.2.

3. BACKGROUND FACTS :-

The informant is the mother of the victim girl. The victim girl, on the date of the incident was about 14 years of age. The prosecution case, which can be unfolded from the report and other materials is that the informant with her two daughters is residing at village Khadka, Tah. and Dist. Akola. Accused nos.1 and 2 are the residents of village Khadka. They are residing in the same locality. In the year 2020, the victim was studying in 7^th Standard at Chindhaji Maharaj Vidyalaya, Kaulkhed Jahangir. Accused nos. 1 and 2 are friends. It is stated that in the month of January, the victim girl informed her mother that when she had been to the river to fetch water, both the accused followed her. Thereafter, one day, accused no.1 told her that he likes her and wants to marry with her. The victim girl told him that he is like her brother and he should behave like a brother. On being informed about this incident by the victim, the mother went to the parents of accused nos.1 and 2 and requested them to give an understanding to their sons.

4. It is further the case of the prosecution that on 26.08.2020, the informant had gone to Akola for purchasing the clothes for the victim. The birthday of the victim was on 28.08.2020. When the informant returned from Akola, the victim girl narrated the incident occurred with her in the noon. As per the case of the prosecution, at about 12.30 p.m., both the accused came in front of the house of the informant. Accused no.1 pushed the door of the house and entered into the house. Accused no.1 gagged the mouth of the victim and pressed her breasts. The victim raised shouts. Her sister, who was in another room of the house, came out of the room. The accused ran away from the spot. Accused no.1 threatened her with dire consequences in case she disclosed the incident to anybody. The