MAHESH BABURAO DHAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to clause (vi) of the operative portion of the judgment and order dtd. 22/04/2022 passed by learned Extra Joint Additional Sessions Judge, Pune in Special Case (POCSO) No. 155 of 2017 and consequently, to quash and set aside the Regular Criminal Case No. 2323 of 2022 pending before learned Additional Chief Judicial Magistrate, Shivajinagar, Pune.

(2.) The appellant is the father of the minor victim girl. The accused faced trial in the special case before the POCSO Court for the offences punishable under Ss. 354A, 324 w/34, 323 r/w 34, 427 r/w 34 of the Indian Penal Code, 1860 ("IPC", for short) and under Ss. 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act", for short). The FIR came to be lodged by the complainant with Bharti Vidyapith Police Station, Pune. It is alleged that on 09/01/2017 at about 8.00 a.m., her daughter i.e. the victim had been to school. When she came back home, the victim was in a frightened condition. The victim informed that the accused had committed acts against her which is an offence punishable under the aforesaid Sec. . On being questioned by the complainant, the accused assaulted the complainant and the appellant herein.

(3.) The charge was framed against two accused for the offence punishable under Ss. 354A, 324 r/w 34, 323 r/w 34, 427 r/w 34 and under Ss. 8 and 12 of POCSO Act. The prosecution examined 6 witnesses. The appellant was examined as P.W.4. The trial Court framed the following issues and rendered the findings as under :