RAJ @ HARISHANKAR SHUKLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking directions under Sec. 391 of Code of Criminal Procedure (for short "Cr.P.C. ") to allow the applicant to lead additional documentary and oral evidence by summoning witnesses for examination and also to re-examine the prosecution witnesses in Special Case No.70 of 2017.

(2.) The applicant has preferred Criminal Appeal No.1130 of 2019 challenging the judgment and order dtd. 9/7/2019 passed by Special Judge under Protection of Children from Sexual Offences Act, 2012 Act convicting him for offences punishable under Ss. 376(f)(i)(n) and Sec. 506(II) of Indian Penal Code (for short "IPC ") and under Ss. 4, 5 (f)(l) r/w Ss. 6, 8 and 9(f) r/w Sec. 10 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act '). For the offences punishable under Ss. 376(f),(i),(n) of IPC and Sec. 5(f)(l) r/w Sec. 6 of POCSO Act, the applicant has been sentenced to suffer imprisonment of ten years and fine of Rs.25,000.00. For the offence under Sec. 506(II) of IPC, the applicant is sentenced to suffer rigorous imprisonment of one year and fine of Rs.5,000.00. For the offence under Ss. 4 of POCSO Act, the applicant is sentenced to suffer imprisonment for seven years and fine of Rs.15,000.00. For the offence under Sec. 8 of POCSO Act, the applicant is sentenced to suffer imprisonment of three years and fine of Rs.10,000.00. For the offence under Sec. 9(f) r/w Sec. 10 of POCSO Act, he is sentenced to suffer imprisonment for five years and fine of Rs.15,000.00. The substantive sentences were directed to run concurrently.

(3.) The case of the prosecution is that the victim girl was studying in 7th Standard. The accused was her teacher. In the Month of September-2016, the mother of victim girl found that the victim was vomiting and suffered from giddiness and missed her menstrual cycle. The victim was taken to their family doctor. Doctor gave her medicines. Thereafter, on 28/9/2016, the victim girl was taken to Gynecologist. She was examined and after conducting requisite test, doctor had opined that the victim girl was pregnant. The mother of victim girl inquired with her as to whether anybody has committed wrong with her. The victim girl disclosed that, in the month of April-2016, the accused had committed forceful penetrative sexual assault. She was threatened that, if she discloses the incident to anybody, the accused would kill her and all her family members. She was frightened and could not disclose the incident to anybody. Thereafter, the accused went away. The accused kept on threatening her. In August - 2016, the accused again committed similar act in the ladies washroom. She was again threatened by him. Crime was registered on the statement of the victim girl vide C.R. No.I-390 of 2016 with Nerul Police Station for offences under Ss. 376(f)(i) (n) and 506(II) of IPC and Ss. 4, 5(f)(l)(j-ii), 6, 8, 9(f) and 10 of POCSO Act. Statements of witnesses were recorded. Accused was arrested on 14/12/2016 at Delhi. On completing investigation, charge-sheet was filed.