MOMIN MAZHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused, challenging his conviction by learned Special Judge of Special Court under The Protection of Children from Sexual Offences Act, 2012, District Beed for the offence under Section 7 punishable under Section 8 of the POCSO Act in Special (Children Protection) Case No. 14 of 2014 dated 31.08.2016.

(2.) It is the prosecution story that when the dead body of the new born was found, police had registered FIR for committing murder of the child against unknown person. Thereafter the mother of the child i.e. present prosecutrix was found out. Upon the inquiry with the said mother of the child, who is a girl, the First Information Report came to be lodged by her on 21.01.2014. She is aged 17 years stating that she was studied up to 7th standard in Urdu medium. She used to reside with mother, one sister and two brothers. They had house consisting of various rooms (Wada) and accused used to reside in one of the rooms on rent about a year prior to FIR. Prosecutrix used to be alone at home after her mother and brothers used to go out for work. Accused used to take the prosecutrix from her house to his room by holding her hand, after he used to found her alone. He used to have forcible sexual intercourse with her. She became pregnant from him. When the size of her stomach increased, she told the said fact to her mother. Accused was called by her mother to their house and told him that he should marry prosecutrix. However, accused refused. He left the room of prosecutrix's mother and went to stay at other place. Prosecutrix was admitted to Dr. Golve's Hospital about two months prior to FIR, when she was in labour pain. Her name was told differently as wife of accused. She delivered a female child on 12.11.2013. The new born had six fingers to each hand. Prosecutrix was discharged after two days hospitalization. After she was taken to home, mother of the prosecutrix had called accused and told about birth of the child. Accused started disowning the paternity of the child and to maintain her. He then strangulated the child. Prosecutrix and mother was frightened. The dead body of the child was then disposed of on Vadawani - Upali road on 14.11.2013. Then the FIR was lodged. It will not be out of place to mention here that since this FIR is lodged by the victim, it has been registered for the offence punishable under Section 376(A) of Indian Penal Code and Section 3 punishable under Section 4 of the Protection of Children from (Sexual Offence) Act, 2012. Separate FIR was already registered for the offence punishable under Section 302 of Indian Penal Code for murder of the child.

(3.) The victim/prosecutrix was got medically examined, after the FIR was registered. Statements of witnesses were recorded. Accused came to be arrested. Samples of the prosecutrix, accused and child were taken for the purpose of Deoxyribo Nucleic Acid (DNA) test. Reports regarding same have been collected. Various panchnamas have been prepared and articles have been seized. The seized muddemal was sent for chemical analysis. After the completion of investigation, charge-sheet was filed before the Special Court under POCSO Act.