STATE Vs. SHEIKH MAHAMMAD SHAKEEL

JUDGEMENT

(1.) Heard Smt. Rashmi Jadhav, learned Government Pleader on admission of this appeal. Smt. Haleema Ameen, learned counsel for respondent no.1 is present.

(2.) The State has preferred this appeal questioning the acquittal of the respondent for the offences punishable under Sec. 376(2)(n) and 417 IPC and Sec. 5(l) r/w sec. 6 of POCSO Act.

(3.) The respondent was charged for the offences punishable under Sec. 363 , 376(2)(n) , 417 IPC and sec. 5(l) r/w Sec. 6 and Sec. 18 r/w Sec. 7 of POCSO Act on the allegation that on 17/6/2014 at 9.15 a.m. the respondent kidnapped PW.2 from a place near Government Junior College, Brahmavar and took her to a secluded place where he had forcible intercourse with her. The prosecutrix examined as PW.2 deposed before the court that on 17/6/2014, the respondent took her forcibly in a car to a secluded place. When he expressed his desire to have sexual intercourse with her, she did not agree and therefore he slapped her and as a result she lost her consciousness and in that state he had sexual intercourse with her two times. Further she deposed that the respondent took her to a place called Belapu near Kaup and confined her in somebody's house and on the next day i.e., 18/6/2014, when she was being brought, the police intercepted them and took her to police station. PW.1 is the father of the girl and PW.3 is the sister.