KIRAN PRAKASHCHANDRA AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri S.P.Dharmadhikari, Senior Advocate assisted by Shri Rohan Malviya, Advocate for the appellant and Ms Mayuri Deshmukh, learned A.P.P. for the respondent No.1/State.

(2.) Crime No.50 of 2020 is registered against the appellant with respondent No.1-Police Station for the offences punishable under Sections 376(2)(j) of the Indian Penal Code, Section 4 of the Protection of Children from Sexual Offences Act, 2012 read with Sections 3(2)(va) , 3(1) (w)(i),(ii), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989. The crime is registered on the report of Anand Namdeorao Shrimalgal, Police Sub-Inspector attached to respondent No.1 Police Station. According to the report dated 24 th August 2020, information was received at the respondent No.1-Police Station from the Medical Officer, Primary Health Centre, Botekasa about Medico Legal Case and when police got knowledge about the commission of the crime inquiries were made with mother and father of the victim, however, they were reluctant to disclose anything. According to the report, the victim (aged about 16 years) was subjected to sexual assault by some unknown person for 5-6 months. After registration of the First Information Report, investigation is conducted and statements of various persons including the victim came to be recorded.

(3.) We have gone through the statements of the victim. The victim has, in very clear terms, stated that she was employed with the appellant for miscellaneous domestic work and she was sexually assaulted by the appellant/ accused repeatedly. The victim became pregnant and was taken to the Primary Health Centre and this is how the incident of crime came to notice. The Child Welfare Committee on 25 th August 2020 has recorded statement of victim in detail. In the said statement the victim has specifically stated that the appellant forcibly committed sexual intercourse with the victim repeatedly. It is also stated before the Committee that the appellant had sent his servant to the house of the victim for carrying out procedure of abortion through Doctor. Judicial Magistrate First Class, Kurkheda on 02/09/2020 has recorded statement of victim under Section 164 of the Code of Criminal Procedure wherein the victim has narrated the incident of sexual assault in detail.