SHAIKH ASLAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 22.6.2012, the appeal is admitted. The accused/appellant is in jail. Consequently, the appeal is taken on priority for hearing. The appellant questions conviction recorded in Sessions Case No. 149/2011 by learned Additional Sessions Judge, Beed, for offence under Section 363 of IPC, directing the accused to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/- with default clause and, for offence under Section 376 of IPC, rigorous imprisonment for ten years and to pay fine of Rs. 500/- with default clause. Both the sentences were directed to run concurrently.

(2.) The prosecutrix, 14 years old, who studied upto 5th/6th Standard, was working at a brick kiln with her parents. The appellant, with his family members, was also working on an adjoining brick kiln of Smt. Meerabai. He developed acquaintance with the prosecutrix, showed her rosy picture of life and, allegedly, allured her to elope to ensue marrying. In order to achieve the plan, on 2nd June, 2011, the accused arranged for a motor cycle and from a place little away from the brick kiln or the residence, the prosecutrix boarded with him and traveled to various destinations for more than 14 days. PW No. 4 Narayan, a close relation of father of the prosecutrix had conveyed, having seen the prosecutrix and the accused/appellant on a motor cycle which, as stated earlier, provided an impetus to report on 5th June, 2011, against the appellant. The roaming by the duo went upto the Pune where, in bushes in the field, they had sex. They returned at Aurangabad at the residence of the aunt of the accused/appellant, however, she, suspecting some foul play, thought it better to inform Police. Consequently, Police of Talwada Police Station, with whom earlier report of the father was lodged, was called. The appellant and the victim were taken charge by PW No. 8 Sunil Aitwar. Thereafter, inquiries were made with her, when it revealed that she was exposed to sex, offence under Section 376 of IPC was recorded against accused/appellant.

(3.) The seized apparels were sent for Chemical Analyzer's examination. The victim and the accused/appellant were referred for medical examination. Statements of the witnesses were recorded. Birth certificate (Exh. 28) of the prosecutrix was collected and after completion of investigation, chargesheet against accused/appellant came to be filed. After committal, in terms of Section 209 of Code of Criminal Procedure, the matter was assigned to the learned Additional Sessions Judge at Beed. Charge was explained to the accused. He did not plead guilty to the same. Plea was recorded. The accused pleaded false implication since he was the only member of Muslim community residing near the brick kiln.