ASHIK RAMJAN ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, on being tried by the Special Judge at Gr.Bombay in POCSO Spl. Case No.203 of 2016 for the offences punishable under Ss. 363, 376, 107 and 109 of the Indian Penal Code (for short, "IPC") and under Ss. 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short, "the POCSO Act"), stand convicted by judgment and order dtd. 21/02/2019. He is handed over a sentence of R.I. for 10 years, on being convicted under Sec. 6 of the POCSO Act and to pay fne of Rs.2,000.00, in default to undergo R.I. for one month. Though found guilty, for committing the offence under Sec. 376 of IPC as well as under Ss. 4 and 6 of the POCSO Act, no separate punishment is awarded to him.

(2.) The prosecution case was unfolded before the learned Special Judge through PW1, brother of the prosecutrix as well as the prosecutrix (PW 4) herself and can be culled out as below :

(3.) The accused, thus, faced the charge of kidnapping the prosecutrix from Mumbai and carrying her to Gujarat and U.P. and for committing rape on her from 30/01/2016 to 18/03/2016. He is also accused of committing the offfences under Ss. 3 and 4 of the POCSO Act.