ABBAS ASMAT ALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant came to be arrested on 11/9/2020 on being arraigned as an accused in C.R.No. 239/2020 registered with Nerul Police Station, which invoke Ss. 376(3), 504, 506-II r/w Sec. 34 of IPC and Sec. 4 and 5(j)(ii) of the POCSO Act.

(2.) Upon the FIR being registered, the statement of the victim girl, aged 14 years was also recorded on 12/9/2020, where she stated that the applicant had assured her that he would perform marriage with her and he offered her Rs.200.00 and established physical relationship with her. She stated that he used to maintain physical relationship with her twice in a day, which resulted into her pregnancy. After declaration of lock-down, when she did not report to the house of her master, it is stated by her that he gave an amount of Rs.5,000.00 to her mother. Since she missed her periods, on carrying pregnancy test, it was revealed that she was carrying a pregnancy. The statement of the victim girl recorded u/s 164 of Cr.P.C and she maintained her stand that the applicant forcibly committed sexual intercourse with her. She has narrated her ordeal in her statement and she has reiterated that when the wife of the applicant became aware of the incident, she had taken her to the hospital in absence of her parents, and she was administered two injections and four tablets but the foetus could not be terminated.

(3.) The medical examination of the complainant do not reveal any positive evidence of sexual intercourse, since she was examined after seven months.