STATE OF MAHARASHTRA Vs. SUJITKUMAR

JUDGEMENT

(1.) Present Application has been filed by the prosecution seeking leave to appeal under Sec. 378(1)(b) of the Code of Criminal Procedure challenging the acquittal of the respondents by the learned Judge, Special Court, Jalna in Special Case (Child) No.63 of 2017 of the offence punishable under Ss. 363, 366, 366-A, 373, 376(n) read with Sec. 34 of the Indian Penal Code and of the offence punishable under Ss. 4 and 17 of the Protection of Children from Sexual Offences Act (for short "the POCSO Act"), on 15/12/2020.

(2.) We have heard Mrs. Choudhari, learned APP appearing for the State. With the able assistance of the learned APP, we have gone through the entire record which was before the learned trial Judge.

(3.) The gist of the submissions on behalf of the learned APP is that the learned trial Judge has not appreciated the evidence properly. A serious offence has been committed. The minor girl, who, due to her poverty, was doing labour work with original accused No.2 Radhabai (case got abated against her before the learned trial Court itself); had taken the prosecutrix to Pune with accused No.3, under the pretext that a suitable match would be found for her. Accused No.2 had taken disadvantage of the poor financial condition of the girl and even without taking consent from her family members she was literally sold by accused Nos. 4 and 5 to accused No.1. Accused No.1 had performed marriage with her and had sexual intercourse with her without her consent. The custody of the child prosecutrix was with accused Nos. 2 to 5 as the guardian still they have committed the said offence. The prosecutrix had supported her story and gave the entire account of the incident which had taken place with her. The girl was found at Rajasthan. That means possibility of such racket cannot be ruled out. Some of the accused involved in the entire racket are still absconding. The wrong appreciation of evidence has led to the miscarriage of justice in the form of the acquittal of the respondents and therefore, reappreciation is required.