STATE OF GUJARAT Vs. JITENDRABHAI

JUDGEMENT

(1.) The State has preferred the present appeal under Sec. 419(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the judgment and order dtd. 25/7/2024 passed by the Special Judge (POCSO Case) and 2nd Additional Sessions Judge, Surat in Special (POCSO) Case No. 79 of 2022. By the impugned judgment and order, the accused person was acquitted from the offense under Ss. 344, 354(d), 363, 366, 376, 376(2)(j)(n) and 506(2) of the Indian Penal Code and under Ss. 3(a)(c), 4, 5(l), 6, 7, 8, 11(4) and 12 of the POCSO Act.

(2.) The case of the prosecution is that despite the accused having knowledge that the victim's daughter, aged 17 years and 3 months at the time of the incident, was a minor and legally incapable of giving valid consent, he intentionally seduced her, lured her into a purported marriage, and engaged in conversations with her. It is further alleged that the accused expressed his intent to marry the victim and threatened her stating that he would kill himself if she refused to marry him and thereby, the accused compelled the victim to run away with him. It is alleged that between 00:15 hrs and 02:00 hrs on 22/2/2022, the accused deceitfully induced the victim under the pretext of marriage and against the legal guardianship of the complainant, with the intention of committing rape. The accused is stated to have forcibly raped the victim on three occasions and thereby repeatedly subjected the victim to rape. Furthermore, the accused is alleged to have wrongfully confined the victim for a period of ten days and during such period, committed aggravated penetrative sexual assault, penetrative sexual assault, sexual assault, and sexual harassment upon the victim. In light of the foregoing, the accused has thereby committed offences punishable under Ss. 344, 354(d), 363, 366, 376, 376(2)(j)(n), and 506(2) of the Indian Penal Code, as well as Ss. 3(a), 3(c), 4, 5(1), 6, 7, 8, 11(iv), and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The case has been registered at Chowkbazar Police Station under i-C.R.No.11210012220227/2022.

(3.) Upon due investigation, the respondent accused person was arrested and chargesheeted and upon completion of necessary procedure of providing with the documents of charge sheet under Sec. 207 of the Code of Criminal Procedure, the case came to be tried by Principal District and Sessions Judge, Surat.