STATE OF MAHARASHTRA Vs. HARIBHAU

JUDGEMENT

(1.) Present application has been filed by the prosecution seeking leave under Sec. 378 (1)(b) of the Code of Criminal Procedure, 1973 to file appeal challenging the Judgment of acquittal dtd. 4/9/2020 passed by learned Special Judge and Additional Sessions Judge, Parbhani in Special (POCSO) Case No.21/2017, thereby acquitting respondent - original accused from the offence punishable under Sec. 376(2)(f)(i)(n) and 506 of the Indian Penal Code, 1860.

(2.) Heard learned APP Mr. S.J. Salgare for the prosecution and with his help we have gone through the record which was available before the learned Special Judge.

(3.) Here, though we are aware about the fact that the identity of the victim is required to be not to be disclosed, however, in certain peculiar circumstances it becomes difficult to hide the entire identity, especially the relationship and, therefore, to that extent only we are disclosing what is the relationship between certain witnesses and the accused. Here, the victim - informant is the daughter of the accused. She has contended that on 19/1/2017 she along with other relatives were rolling papad on account of marriage of daughter of her maternal aunt at village Wazur around 12.00 noon. Her mother had gone to another village, as her father had expired. Accused came to meet the victim and told that he would drop her at the place where her mother has gone, but she refused and told that the mother had met her a day before and she wants to go to school. Yet, upon the insistence of the father she packed her clothes and then the accused fetched a two wheeler from another person. Though the victim was crying, the father forced her to accompany him. They were proceeding on motorcycle, but when they went 1/2 k.m. ahead, the vehicle was taken on kachcha road. When she asked him about the same, he told that he wants to pluck green gram. Father took her in Jowar crop field and by giving threat he committed rape on her by undressing himself as well as her. She again sat on the motorcycle of the father and after another village near a canal again the father had committed sexual intercourse with her by taking her in Jowar crop. Thereafter they went to another place where he wanted to purchase chappal. They went into a shop, but he did not purchase the chappal there and around 4.00 p.m. they reached her grandfather's house. She could not find her mother there but the accused left her at that place. Her mother came there at about 6.00 p.m. and then she narrated the entire incident. Thereafter the First Information Report was lodged.