KAILAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Conviction and sentence for the offence punishable under Ss. 363, 366, 376 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act (POCSO), led the appellant (convicted accused), to challenge the judgment and order of conviction in Session Trial No.172/2014 dtd. 5/8/2021, by this appeal.

(2.) The appellant/accused was charged for the aforesaid offences. The prosecution led evidence of 8 witnesses to substantiate the charge. The Trial Court held that the prosecution succeeded in proving the leveled charges and separately punished for each of the offences. The maximum sentence imposed for the offence punishable under Sec. 376 of the Indian Penal Code and Sec. 4 of the POCSO Act is to undergo imprisonment for life along with fine of Rs.1.00 lakh on each count. Besides that the appellant/accused was also convicted for the offence punishable under Ss. 363 and 366 of the Indian Penal Code for which punishment was imposed to undergo imprisonment for 7 and 10 years respectively, with fine of Rs.1.00 lakh each on both count. All the sentences are directed to run concurrently. The maximum sentence imposed by the trial Court is to undergo imprisonment for life along with total fine of Rs.4.00 lakhs, with stipulation of default.

(3.) The prosecution case in brief is that - the informant Dhanraj was living with his family including his sister [victim], aged 15 years and 6 months. On 6/3/2014, in the evening the victim left away by leaving her house. Family members took search, but, in vain. They have filed report about the missing of victim girl. On the following day, the informant - brother learnt that the neighbouring resident Kailash [accused] also went missing, and therefore, he lodged a report [Exh.54] with the police. On the basis of said report, the police have registered the offence of kidnapping, and inducing a women to compel for illicit intercourse.