FAIZAN WAHID BAIG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant came to be arrested on 29/4/2021 when the victim girl lodged a complaint against him accusing him of committing offence punishable u/s.363, 376, 506 of IPC and Ss. 4, 8, and 12 of the POCSO Act. Admittedly, the age of the victim girl on the date when the incident took place was 15 years 4 months and she is a minor. At the relevant time, the applicant is little about 21 years.

(2.) The Investigating Machinery was set into motion on a complaint filed by the mother of the victim girl who was informed by her daughter about an incident which took place on 6/4/2021, when she had accompanied the applicant to Govandi on the pretext of meeting his aunt and when she was not at home, he forcibly committed sexual intercourse with her against her wishes and consent.

(3.) The statement of the victim girl came to be recorded on 29/4/2021, where she admitted that she was known to the applicant who was residing in their neighborhood and for last two months, she was close to him and had developed a love relationship. She narrated about the incident dtd. 6/4/2021 when she accompanied the applicant to Govandi by informing her family members that she was going to a friend's house for attending an online class. When she accompanied the applicant to her aunt's house, he informed her that she was not present at home and they would wait for her to come back. It is then alleged that he committed forcible sexual intercourse with her and also threatened her not to disclose the said incident to anyone and she returned home along with him. However, on 29/4/2021, when her sister caught her chatting on the Whatsapp, she disclosed the incident to her family members. The statement of the victim girl is also recorded u/s.164 of Cr.P.C.