LAWS(BOM)-2024-1-61

RUPCHAND TEKCHAND TIRCHHE Vs. STATE OF MAHARASHTRA

Decided On January 23, 2024
Rupchand Tekchand Tirchhe Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Vide both above appeals, convicts i.e. accused no.1 Rupchand and accused no.3 Machindra are taking exception to the judgment and order passed by learned Additional Sessions Judge, Aurangabad dtd. 17/7/2018 in Special POCSO Case No. 119 of 2015 thereby questioning its legality and maintainability. PROSECUTION CASE IN BRIEF

(2.) Chawani Police Station registered crime and chargesheeted accused Rupchand, Baban (since deceased), Machindra and Shaikh Sattar for offence punishable under Ss. 376-D, 323, 504, 506, 394, 201 r/w 34 of the Indian Penal Code [IPC] and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act] alleging that on 21/9/2015 when victim PW1 was having talks with her friend PW6 on Tisgaon road, around 6.30 to 6.45 p.m., accused persons approached them. One of them caught hold of victim and dragged her and remaining two started beating PW6. Accused no.1 raped victim during which she raised shouts which invited attention of a passer by. So all accused persons took to heels. Victim and her friend approached police and lodged report on the strength of which crime bearing no. I 307/2015 was registered and investigated and all four accused were duly charge-sheeted.

(3.) During trial before learned Additional Sessions Judge, prosecution adduced evidence of in all 10 witnesses and also adduced documentary evidence various panchanamas, reports etc. After appreciating the evidence on record, learned trial Judge convicted present appellants and hence the appeals assailing above judgment and findings reached at by learned trial Judge. SUBMISSIONS