VIKAS BHAURAO ROKADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No.331 of 2019 registered with Police Station Yavat, Pune, for offences punishable under Sec. 363, 376, 366 of the Indian Penal Code (IPC) and under Sec. 4, 8 and 12 of Protection of Children from Sexual Offences Act (POCSO Act).

(2.) According to the prosecution, victim at the relevant time was 13 years 2 months old and was a student of Class 7. On 11th April 2019, at about 11.00 a.m., she left for school but did not return till evening. Accordingly, the informant's father lodged report.

(3.) During the course of investigation it revealed that applicant and victim were in love with each other and as the informant wanted to get the victim married, both the applicant and victim decided to run away from the house. It is further alleged that they travelled various places in Maharashtra and also had physical relations. After conclusion of investigation chargesheet came to be filed.