ARVIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the above proceedings are directed against one judgment and order dtd. 14/10/2015 passed by learned Additional Sessions Judge, Bhoom in Special Case (Child Sex) No. 06 of 2014, thereby convicting the appellant accused for offence punishable under Ss. 363 of the Indian Penal Code (IPC) and sentencing him to suffer R.I. for three years and to pay fine of Rs.5,000.00 i/d R.I. for six months, under Sec. 366-A of IPC to suffer R.I. for five years and to pay fine of Rs.5,000.00 i/d R.I. for six months, under Sec. 376 of IPC to suffer R.I. for ten years and to pay fine of Rs.20,000.00 i/d R.I. for one year, under Ss. 6 and 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) to suffer R.I. for ten years and to pay fine of Rs.20,000.00 i/d R.I. for one year. As both the proceedings are heard and dealt together, they are decided by way of common judgment.

(2.) Before adverting to the merits of the case, it is necessary to clarify that Criminal Appeal No. 852 of 2015 is at the instance of appellant/convict questioning the legality and sustainability of above referred judgment of conviction passed by learned Special Judge, whereas Criminal Appeal No. 914 of 2015 is at the instance of State, which is not satisfied with the quantum of sentence awarded to the accused and is thereby praying enhancement of sentence to imprisonment for life. In such backdrop, we proceed to deal with the above proceedings.

(3.) State launched prosecution on the basis of the report given by PW2 father of victim, who informed police that his victim daughter was student of 7th standard in Zilla Parishad School. According to him, he, his daughter and other family members took dinner and went to sleep on 31/5/2014. On 1/6/2014 he woke up at 5.30 a.m. At that time, his daughter was not found in the house. That, in spite of search in the village, she was not found. Father claims that he received a phone call from accused, who was teacher of his daughter in the school, informing that he had travelled long distance along with informant's daughter and that they would return to village after three to four days. Therefore, father approached police station and lodged report.