2024:BHC-NAG:11104 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL (APEAL) NO. 730 OF 2022 Gajanan S/o. Dnyanba More, Aged about 52 yrs, Occ: Labour, R/o. Kavhala, Tah. Chikhli, and Dist. Buldana (appellant In Jail) .... APPELLANT // V E R S U S //

1. State of Maharashtra, through Police Station Amdapur, Tah. Chikhli and Dist. Buldana

2. XYZ (Victim), Through Police Officers, Police Station Amdapur, Tah. Chikhli and Dist. Buldana Crime No. 100 of 2020 ... RESPONDENTS ----------------------------------------------------------------------------------------------

Mr. P. H. Khobragade, Advocate (appointed) for the appellant Mr Amit Chutke, APP for the respondent No.1/State Ms Radha Mishra, Advocate (appointed) for respondent No.2 ----------------------------------------------------------------------------------------------

CORAM : G. A. SANAP, J.

DATE : 26/09/2024 O R A L J U D G M E N T :

1 In this appeal, the challenge is to the judgment and order, dated 30.08.2021, passed by the learned Additional Sessions Judge, Buldhana, whereby the learned Judge, convicted the accused/appellant for the offence punishable under Section 376-AB of the Indian Penal Code (for short ‘the IPC’) and Sections 4, 6 and 8 of the Protection of Children From Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and sentenced him to suffer rigorous imprisonment for twenty (20) years and to pay a fine of Rs.2,000/- (Rupees Two Thousand Only) and in default to suffer simple imprisonment for one month. No separate sentence has been awarded for the offence punishable under Sections 4, 6 & 8 of the POCSO Act.

2 Background facts:

The informant (PW-1) is the mother of the victim girl, who on the date of the incident was 8 years old. The report of the incident was lodged on 09.03.2020 by the informant. The case of the prosecution, which can be gathered from the report and other materials, is that on 07.03.2020, the informant with her daughter had gone to the field of one Dattatray Jape for doing labour work. The other women Smt. Alkabai Dalimkar, Kasabai Kakade, Ujjwala Sonune and Manjulabai More were also with the informant for doing the work on the field. The appellant is the neighbour of the informant. On the date of the incident, the victim was playing with Dhanashri, the granddaughter of the appellant, near one cattle shed of Dattatray Jape.

3 It is stated that the accused/appellant called the victim and requested her to help him in holding the pipes. The victim accompanied the appellant in the field of maize. The appellant, in the field of maize, removed his underwear and the underwear of the victim. He committed sexual intercourse with the victim. The victim started crying. The appellant threatened the victim not to disclose the incident to anybody.

He promised to give Rs.15-20 to her after going back home.

4 When the victim came out of the maize field, the informant noticed that her underwear was wet. She inquired with the victim about it. The victim told her that it was due to urination. In the evening of 07.03.2020, at about 5:30 p.m., the victim returned to home with her mother. The victim at that time complained to her mother that there was a severe pain in her private part. The informant examined her private part. She noticed that the portion of the private part had turned reddish and there was swelling as well. The mother made an inquiry with the victim. The victim at that time narrated the incident that had occurred with her as above. The husband of the informant was not at home. On the next day in the morning, the informant disclosed this incident to her husband. The informant and her husband on account of this serious incident were mentally disturbed. On the next day i.e. on 09.03.2020, they went to the Police Station Amdapur and lodged the report. On the basis of the report of mother, the crime bearing No.100 of 2020 was registered against the appellant.

5 The investigation in the crime was carried out by Pravin Sonawane (P