Advocates:
['R M PATWARDHAN', '', 'PRAKASH KESHAORAO DHOMNE', 'APP']

Judgment

Judgment

11

apeal261.18.odt

apeal261.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 261/2018

CRIMINAL APPEAL NO. 261/2018

Dahim Shaha @ Daku Gulam Shah

Dahim Shaha @ Daku Gulam Shah, ,

Aged about 34 years, Occ. Fakir,

Aged about 34 years, Occ. Fakir,

Stone (Ornamental) Seller,

Stone (Ornamental) Seller,

R/o. Laden Nagar, Sindi (Railway),

R/o. Laden Nagar, Sindi (Railway),

Tah. Seloo, Dist. Wardha

Tah. Seloo, Dist. Wardha

….

…. APPELLANT(S)

APPELLANT(S)

//// VERSUS //

VERSUS //

The

The State of Maharashtra

State of Maharashtra,,

Through Police Station Officer,

Through Police Station Officer,

Police Station Sindi (Railway)

Police Station Sindi (Railway)

Tah. Seloo, District Wardha

Tah. Seloo, District Wardha

….

…. RESPONDENT(S)

RESPONDENT(S)

*******************************************************************

*******************************************************************

Shri R.M. Patwardhan, Advocate for the appellant(s)

Shri R.M. Patwardhan, Advocate for the appellant(s)

Shri V.A. Thakare, APP

Shri V.A. Thakare, APP for the respondent/State

for the respondent/State

*******************************************************************

*******************************************************************

CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

AUGUST 26

AUGUST 26

, 2021

, 2021

JUDGMENT

JUDGMENT

: (PER:- AMIT B. BORKAR, J.)

: (PER:- AMIT B. BORKAR, J.)

1]

Vide order dated 28/02/2018 passed by the learned Special

Judge, POCSO, Wardha in Spl. (Ch.) Case No. 103/2014, the appellant

was convicted and sentenced as under :-

ANSARI

ANSARI

Judgment

Judgment

22

apeal261.18.odt

apeal261.18.odt

(a)

Under Section 363 of the Indian Penal Code to

suffer rigorous imprisonment for seven years and fine of

Rs. 1000/- and in default of payment of fine to suffer simple

imprisonment for 15 days.

(b)

Under Section 307 of the Indian Penal Code to

suffer imprisonment for life and fine of Rs. 2000/- and in

default of payment of fine to suffer rigorous imprisonment

for one month.

(c)

Under Section 376(2) of the Indian Penal Code

and Sections 5(m) & 5(j)(i) of the Protection Of Children

From Sexual Offences Act to suffer imprisonment for

remainder of his natural life and fine of Rs. 5000/- and in

default of payment of fine to suffer rigorous imprisonment

for two months.

(d)

Under Section 377 of the Indian Penal Code to

suffer imprisonment for life and fine of Rs. 2000/- and in

default of payment of fine to suffer rigorous imprisonment

for one month.

ANSARI

ANSARI

Judgment

Judgment

33

apeal261.18.odt

apeal261.18.odt

2]

The substantive sentences were ordered to be run

concurrently. The aforesaid conviction and sentences of the appellant

have been challenged in this appeal.

3]

The prosecution case, in short, is as under:-

The informant – Rashim Shaha Gulam Shaha (PW2) was

residing at Sindi (Rly.), Tah. Seloo, District Wardha with his elder

daughter “Victim” (aged about 5 ½ years). The parents and brother of the

accused were residing at Beda of Laden Nagar, Sindi (Rly.). On

19/08/2014, at about 8:00 pm, when Rashim Shaha (PW2) went to

smoke bidi, the victim was sleeping alone in the courtyard while her sister

and mother were sleeping inside the house. When Rashim Shaha (PW2)

returned around 8:30 pm, the victim was not at her place and was not

found inspite of searching the premises. Rashim Shaha (PW2) woke up

her mother and sister and enquired about the victim but they were also

unaware about the victim. When they started searching for the victim,

they saw the juvenile in conflict with law (name withheld) coming from

the side of Parsodi Road, near brick kiln and on enquiry, he refused to

disclose anything. The informant went towards the railway station in

ANSARI

ANSA