MAULA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the accused challenging his conviction by learned Special Judge, Osmanabad in Special (POCSO) Case No.21 of 2015, dtd. 25/7/2017, thereby holding him guilty of committing offence punishable under Sec. 363, 366 (A), 376 (2) (i) of Indian Penal Code and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ( Hereinafter referred to as 'POCSO Act' ).

(2.) The prosecution has come with a case that, informant was residing with his family and accused was also residing in his family at the relevant period. There is absolutely no relationship between the accused and the informant. Victim is the daughter of informant who was then i.e. on 28/5/2015 was aged 15 years 03 months. The victim left the house at about 7.30 p.m. on 27/5/2015 without informing anything to the family members. The family members made inquiry with her friends but could not get any clue. Thereafter inquiry was made with the employer of the accused where he was working, and at that time it was found that he is also missing and, therefore, the informant lodged report stating that the minor girl has been kidnapped from his custody by accused.

(3.) On the basis of the said First Information Report, offence under Sec. 363 and 366 (A) of the Indian Penal Code came to be registered vide Crime No.134 of 2015 with Tuljapur Police Station and investigation was started.