VIJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/accused is convicted by the learned Additional Sessions Judge, Parbhani in Special Case (POCSO) No. 23 of 2014 by the judgment and order dtd. 09/02/2018 as follows:-

(2.) Prosecution case in short is that, father of the victim has two daughters. Victim aged 15 years and younger daughter aged 2 years. Victim was taking education at Parbhani. Accused Vijay used to harass the victim. Therefore, on 20/02/2014, he sent victim with his brother Narsing at Lohgaon. On 25/02/2014, his brother brought victim back to his house. At about 1.00 p.m., when his wife was sleeping, at that time, accused Vijay abducted victim by giving promise of marriage. He was informed by his wife at about 1.30 p.m. Thereafter, he took search of his daughter, however, she could not be found. Therefore, he lodged a report at Kotwali Police Station, Parbhani on 26/02/2014. He had also lodged report about accused Vijay harassing victim at Kotwali Police Station on 03/02/2014. On the basis of report dtd. 26/02/2014, Crime No. 35 of 2014 for offences punishable under Sec. 363, 366 of the Indian Penal Code and under Sec. 7, 8 of the Protection of Children from Sexual Offices Act, 2012 was registered. During the course of investigation, it was transpired that accused Vijay committed rape on victim, and co-accused has abated the crime and harboured accused No.1 Vijay. On completion of investigation, charge-sheet was filed.

(3.) Charge under Sec. 376, 354-A, 3263, 366, 212, 109 of the Indian Penal Code and under Sec. 5 and 16 punishable under Sec. 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act ') was framed against the applicant. He denied the charge.