SUDHAKAR MAGANRAO KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the order of conviction and sentence passed by Special Judge (Under POCSO Act), Aurangabad, on 28/8/2019, in Special Child Prot. Case No.130/2017. The details of the appellant's conviction and resultant sentences are as under :

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

(3.) The incident took place on 17/5/2017. The appellant asked the informant to remain at a particular place awaiting arrival of a particular vehicle. The appellant had told the informant that the vehicle was carrying Ganja and, therefore, it should be intercepted. This was nothing but a ploy to keep the informant busy late in the evening. As such, the appellant kept the informant stationed at a particular place from 10.30 p.m. onwards. The appellant went to his house. He called the prosecutrix to his house and committed sexual intercourse with her. The informant had a suspicion over conduct of the appellant. He (informant), therefore, instead of remaining stationed at a particular place, came his home to find the prosecutrix absent. Wife and son of the informant had gone to the place of his in-laws. The informant enquired with his mother about the prosecutrix. She told him that the prosecutrix was sleeping by her side and might have gone to answer nature's call. The informant took search for the prosecutrix in the nearby. He had also been to the police station to lodge a missing person's report. The Police Station Officer, however, asked him to take search for her daughter first. The prosecutrix came home by 4.00 a.m. She told the informant to have had gone to answer nature's call. On the way, she slipped. On the following morning, brothers of the informant came. On their sustained questioning, the prosecutrix told them that the appellant had called her his residence. He removed her clothes and had sexual intercourse with her. The informant and his brothers, therefore, went to the police station and lodged the First Information Report (F.I.R.) Exh.23.