XYZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original complainant invoked jurisdiction of this Court under Sec. 372 of the Code of Criminal Procedure and assailed judgment and order dtd. 13/6/2018 passed by the learned Special Judge, Beed in Special (POCSO) Case No. 5 of 2017, whereby the present respondent No.2-accused is acquitted of the offence punishable under Sec. 376(2) of the Indian Penal Code and under sec. 4 of the Protection of Children from Sexual Offences Act, 2012 ( for short 'POCSO Act).

(2.) In short, it is the case of the prosecution that on 15/7/2013, the informant/victim lodged a report with Georai Police Station, District Beed that alleging she is resident of village Raj-Pimpri and in the year 2010, she was residing at the house of her aunt at village Savargaon Tq. Majalgaon Dist.Beed for her education. Prior to three years of lodging of the report, she returned back to reside with her parents. When she was residing at her aunt's house, the accused Nitin Bhagwan Panchal who is son of her aunt was serving as Teacher in Ashram School at Georai and he was in visiting term at her house at Sawargaon. The victim and accused are relative. Therefore they were acquainted to each other. The informant/victim alleged that prior to 8-9 months of lodging of the report, accused visited at her house in the evening time and stayed at her house. On that day, when her parents and brother were in sitting-room watching TV, and she was doing household work in the backside room, at that time, the accused entered in the said room, gagged her mouth, performed sexual intercourse against her wish but she did not disclose said fact to anybody because she was afraid. However, again after one month, the accused again visited at her house alongwith his mother and in that night her father, brother and accused were sleeping in sitting-room whereas she, her mother and sister were seating in another room. Thereafter, her mother, her aunt and sister went to sleep in open space, she was alone in the room and at that time, the accused entered in said room and performed sexual intercourse with her and assured her to perform marriage with her and due to said sexual intercourse she conceived and faced stomach paining, therefore she disclosed said fact to her mother. Thereafter, her aunt, and mother checked her and realized about conceivement of three and half months. On the basis of the said report, Crime No. 127 of 2013 registered against the respondent No.2- accused for the offence punishable under Sec. 376(2) of the Indian Penal Code.

(3.) The victim was referred for medical examination. Investigating officer recorded statement of witnesses and arrested accused on 15/7/2013 under the arrest panchnama Exh. 67. The investigating officer collected documents pertaining to age i.e. school admission record of the victim and found that victim was below the age of 18 years, therefore, Sec. 4 of the POCSO Act added in Crime No 127 of 2013. After completion of the investigation, charge sheet came to be filed on 7/10/2013. Since the offence pertaining to POCSO Act, it was registered as Special Case and tried by the special court as per the provisions of the POCSO Act. The learned trial court framed chrage against the accused for the offences punishable under Sec. 376 (2) of the IPC and Sec. 4 of the POCSO Act at Exh. 17. The plea of accused was recorded at Exh. 18. The accused pleaded not guilty and claimed for trial.