PANDHARI Vs. KACHRU PAWAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction and resultant sentence passed by the Sessions Judge, Parbhani in Special Case (POCSO) No.40 of 2016. Vide impugned judgment and order dtd. 3/4/2018, the appellant was convicted for the offence punishable under Sec. 376(2)(i) of the Indian Penal Code and under Sec. 4 of the Protection of Children from Sexual Offences (POCSO) Act and therefore, sentenced to suffer rigorous imprisonment for ten years and fine of Rs.5,000.00. In default of payment of fine, the appellant is directed to suffer rigorous imprisonment for one year. No separate sentence was awarded for the offence punishable under Sec. 4 of the POCSO Act in view of Sec. 42 thereof. The appellant was acquitted of the offence punishable under Sec. 366 of the Indian Penal Code. The State has not preferred appeal against acquittal.

(2.) Facts giving rise to the present appeal are as under: The appellant and PW1-A, hail from one and the same village. The appellant had a bore-well. The bore-well had lot of water. In the days of water scarcity, he had supplied water through water connections to some of the villagers. The family of PW2 was one of such families. PW1-A was in 9th standard during relevant days. The appellant would occasionally visit her house. Acquaintance developed between the two. The appellant had given her a cellphone to have regular talk inter-se.

(3.) It is the case of the prosecution that on 27/6/2016, PW2 Bhagwan, father of PW1-A, returned home from Mumbai. All of his family members including himself went to sleep. Little past 11.30 p.m., he woke up to his ease himself. He found PW1-A not at her place. He found her not home as well. He, therefore, made inquiry in the village to find the appellant too has not been his home. He, therefore, realised the appellant to have kidnapped his daughter (PW1-A). He, therefore, lodged First Information Report (FIR) Exh.20.