STATE OF MAHARASHTRA Vs. RAOJI BANDU PAWAR

JUDGEMENT

(1.) By way of instant application State is seeking leave to challenge judgment and order passed by learned Special Judge-3, (under POCSO Act), Aurangabad in Special POCSO Case No.15 of 2015, dtd. 4/4/2019 by which accused Raoji, respondent herein has been acquitted from charges under Sec. 363, 366-A and 376 of Indian Penal Code (IPC) along with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012). GIST OF PROSECUTION CASE IN TRIAL COURT

(2.) Mother of a victim aged 13 lodged report alleging that on 16/4/2014, she and her husband went for agriculture work and their daughter victim was alone in the house. When victim went to fetch water, accused who came on motorcycle, kidnapped her on false assurance of marriage. Informant mother, when came home, did not fnd her daughter and so inquiry was made and at such time, she learnt from her sister-in-law Bababai that accused had come to their house at 2.30 p.m. and he had taken victim on motorcycle. She approached Pachod police station and lodged report against accused. After fve months, a girl was traced and brought by police and therefore, she narrated report (Exh.26).

(3.) After investigation accused were charge-sheeted and tried by Special Court, during which prosecution examined 8 witnesses and relied on documentary evidence. After appreciating both oral and documentary evidence, learned trial Judge by judgment and order dtd. 4/4/2019 acquitted the accused from all the charges. Hence, the said Judgment is now proposed to be challenged by prosecution and to do so leave is sought by instant application.