SUBHASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 22.07.2016 passed by learned Additional Sessions Judge, Aurangabad, in Special Case No.71 of 2015. By the impugned judgment and order, the appellant herein has been convicted for the offence punishable under Section 366-A of Indian Penal Code ("I.P.C.", for short) and offence punishable under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- on both counts. In default of payment of fine, he has further been directed to suffer simple imprisonment for one month with a further direction that the substantive sentences shall run concurrently.

(2.) The facts giving rise to the present appeal are as follows:-

(3.) Ashok (PW 1) is resident of village Divasi Pimpalgaon, Tq. Gangapur. Vaishali (name changed) (PW 2) is his minor daughter. On 22.03.2015, Ashok and his family members including Vaishali went to sleep. Ashok (PW 1) woke up by 2.00 midnight. He saw Vaishali was not in her bed. He, therefore, awaken his wife and took search for Vaishali. The appellant was his neighbour. He was married. Ashok (PW 1) went to his house to find whether the appellant was there. The appellant was found missing from his house. For about two days, search was made for Vaishali. Ashok (PW 1) lodged the FIR (Exh.16) at Police Station, Daulatabad, Dist. Aurangabad, on 24.03.2015, alleging the appellant to have kidnapped Vaishali. Crime vide C.R. No.I-20 of 2015 came to be registered for the offences punishable under Section 363 and 366 of I.P.C.