X Y Z Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal under Sec. 372 of the Code of Criminal Procedure, the prosecutrix is challenging the judgment and order dtd. 7/11/2019, passed by the learned Special Court under the POCSO Act and Additional Sessions Judge, Aurangabad in Special Case Child Prot. No.62/2015, thereby acquitting respondent Nos.2 and 3 original accused Nos.1 and 2 for the offences punishable under Ss. 363, 366-A, 376(2)(i) read with Sec. 34 of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(2.) As per the provisions of Sec. 228-A of the Indian Penal Code, identity of victim in rape (sexual offences) is concealed in all manner including names of her relatives and the School/College where the victim studied.

(3.) In nutshell, the prosecution story is that on 14/11/2014, the victim's mother lodged report with the concerned Police Station alleging that on 11/11/2014 at about 3.00 p.m., she with her minor victim daughter had gone to the house of her foster sister. At that time, her victim daughter had stayed outside of her sister's house and she was taking tea inside the house of her sister. However, at that time her victim daughter went away without informing her. She and her sister with their relatives had taken search of victim, but the victim was not traceable. After 2 - 3 days, she (informant) came to know that the accused enticed away her daughter victim on promise of marriage, hence, she lodged report, on which basis Crime No.I-218/2014 registered against the accused for the offence under Ss. 363, 366(A) of the Indian Penal Code. The investigation was carried out by PW-7 PSI Venkatesh Ranvirkar. During the course of investigation, it has revealed that the accused No.2 helped the accused No.1 while taking away the victim minor. On 16/11/2014, the Investigating Officer searched the accused and victim on the basis of mobile tower location. On inquiry, the victim disclosed that, since last two years she is in love affairs with accused. On 12/11/2014 the stepmother of accused consented for marriage between her and accused and permitted both of them to stay in one room, where they developed physical relations. Accordingly, offence under Sec. 376(2) of the Indian Penal Code and Sec. 5(1) and 6 of the POCSO Act added in Crime No.I-218/2014. The PW-7 PSI drawn spot panchanama, seizure panchanama and arrested both the accused. The Investigating Officer collected the evidence pertaining to age of victim. The statement of victim came to be recorded under Sec. 164 of the Code of Criminal Procedure through the Judicial Magistrate, First Class. The call detail report (CDR) of cell phone of accused collected and on completion of investigation, charge-sheet came to be filed against the accused.