ASHISH MADHUKAR MESHRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (hereinafter referred to as the accused) is challenging the judgment dated 17.06.2019 rendered by the Additional Sessions Judge/Special Judge, Gadchiroli in Spl. (POCSO) Case 36/2017 whereby the accused is convicted for offence punishable under section 341 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for one month and to payment of fine of Rs.500/- and in default of payment of fine with suffer simple imprisonment for ten days and is convicted and sentenced as follows: <FRM>JUDGEMENT_197_LAWS(BOM)7_2020_1.html</FRM>

(2.) The prosecution case is that the victim is a resident of Nagari, Tahsil and District Gadchiroli. The incident occurred at 10:00 a.m. on 11.10.2017 when the victim was going to her school accompanied by school friends. The group was followed by accused who was riding motorcycle. The accused accosted the victim, caught her hand and asked her to sit on his motorcycle. The victim attempted to rescue herself, her friends too asked the accused to leave the victim alone, but in vain. The victim gave a jerk and somehow freed herself from the clutches of the accused. The victim and her friends went to the field of one Murlidhar Bangare which is situated near the scene of the occurrence and narrated the incident to him. Murlidhar berated the accused and cautioned him to leave the victim and her friends alone. Murlidhar Bangare warned the accused that his parents would be informed and the accused left the spot. The victim and her friends went to the bus stand at Mohazari. Sometime later, accused along with two others came near the bus stop on his motorcycle. The accused pointed out the victim to his friends uttering that she was the same girl. The victim narrated the incident to her father and report was lodged at Police Station Gadchiroli on 12.10.2017. According to the victim, she was stalked by the accused since 10 to 12 days prior to the incident.

(3.) On the basis of the report of the victim Crime 562/2017 was registered for offences punishable under section 341, 354(A), 354(D), 509 of the IPC and section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). Investigation ensued and the completion thereof culminated in submission of the charge-sheet in the Special Court which framed charge against the accused for offence punishable under section 341, 354(A), 354(D), 509 of the IPC and section 8 of the Protection of Children from Sexual Offences Act. The accused pleaded not guilty and claimed to be tried in accordance with law. The defence of the accused is of total denial and false implication.