STATE OF MAHARASHTRA Vs. DEELIP VITTHAL RATHOD

JUDGEMENT

(1.) Appellant State is hereby assailing the judgment and order dtd. 18/12/2018 passed by the learned Additional Sessions Judge, Vaijapur, Dist.Aurangabad in Special Case (POCSO) No.23 of 2016 by which respondent no.1 herein is acquitted from all charges viz. under Ss. 302, 201 of the Indian Penal Code (IPC), under Sec. 8 read with 7 of the Protection of Children from Sexual Offences Act (for short "POCSO") and under Ss. 3(1)(r) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "the SC and ST Act").

(2.) Deceased victim was reported to be admitted in GHATI Hospital, Aurangabad on 31/5/2016. On receipt of MLC, Police official of Waluj Police Station visited the hospital and approached Doctor. He recorded statement of the victim wherein she narrated that her parents were sugarcane cutting labours and she was also joining them in said labour work. She had been to Pandharpur. At that time, accused Deelip Vitthal Rathod was also amongst the said gang. There, deceased victim came in contact and got acquainted with him. After the job was over, they went to Majalgaon. There, accused Deelip maintained physical relations with her and thereafter, he lured her and took her to Aurangabad. He had taken a room on rental basis at RanjangaonShenpunji. She gave statement that accused took up a job in the Industry. On 14/5/2016, when she insisted accused to send her to her parents, he abused her, assaulted her and poured kerosene on her person and set her ablaze. On the strength of above statement, crime bearing no.264 of 2016 was registered but only for offences under Ss. 307, 504, 506, 323 of the IPC. During treatment, deceased victim died. Therefore, charge under Sec. 302 of IPC has been added. Investigation revealed that she belongs to Scheduled Caste and she was also minor by age and therefore, charges under SC and ST Act and POCSO Act came to be added and chargesheet was duly filed.

(3.) Learned trial Judge appreciated the evidence adduced by the prosecution and reached to a finding that at the first count prosecution failed to establish death of deceased to be homicidal. Secondly, to screen himself, accused caused disappearance of evidence. Learned trial Judge also reached to a finding that prosecution failed to establish charge under Sec. 8 read with 7 of POCSO Act and that it further failed to show that accused was knowing deceased to be belonging to the Scheduled Caste and he thereby committed above offence. The cumulative effect of above findings was recording of acquittal.