SAYED IQBAL SYED GAFUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the Judgment and order, dtd. 18/11/2022, passed by the learned Additional Sessions Judge, Yavatmal, whereby the learned Judge convicted the appellant for the offences punishable under Ss. 363, 506 and 376(2)(n) of the Indian Penal Code (for short, 'the I.P.C.') and also for the offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act (for short, 'the POCSO Act'). He is sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.5,000.00, in default to suffer further rigorous imprisonment for six months for the offence punishable under Sec. 363 of the IPC, rigorous imprisonment for 3 years and to pay a fine of Rs.5000.00, in default to suffer rigorous imprisonment for six months for the offence punishable under Sec. 506 of the I.P.C., rigorous imprisonment for 10 years and to pay a fine of Rs.10,000.00, in default to suffer simple imprisonment for six months for the offence punishable under Sec. 6 of the POCSO Act. No separate sentence is awarded for the commission of offence punishable under Sec. 376(2)(n) of the I.P.C.

(2.) Background facts:

(3.) The father of the victim girl, before leaving for his native place, came back to the hostel at about 4.00 p.m. to meet the victim. He did not find the victim at the hostel. The watchman of the hostel informed the father that soon after he dropped the victim at hostel, she had followed him under the pretext of taking money from him. The informant made an inquiry with Shalini Madam, the in-charge of the hostel. Shalini Madam also informed him that the victim left the hostel as soon as he left the said place. The informant took the search of the victim. She was not found. Therefore, on the same day, he lodged the report at Police Station Wadgaon Road. It was a missing complaint. He suspected that some unknown person might have kidnapped his daughter. On the basis of this report, crime bearing No.320/2017 was registered.