VILAS TANAJI DHOBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 16/4/2019, passed by the learned Additional Sessions Judge, Nagpur, whereby the learned Judge, on conviction, sentenced the accused to suffer rigorous imprisonment for three years and to pay a fine of Rs.2,000.00 for the offence punishable under Sec. 363 of the Indian Penal Code, 1860 (for short, "IPC"); rigorous imprisonment for seven years and to pay a fine of Rs.5,000.00 for the offence punishable under Sec. 366(A) of the IPC; and rigorous imprisonment for twelve years and to pay a fine of Rs.8,000.00 for the offence punishable under Sec. 376(2)(n) of the IPC. The accused, though convicted for the offence punishable under Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act"), no separate sentence has been awarded.

(2.) BACKGROUND FACTS: The victim in this case is a minor girl of 15 years old. The informant is the father of the victim. The informant lodged the report at Narkhed Police Station on 17 th September, 2017. The accused is a distant relative of the informant. The victim on the date of the incident was studying in the 10 th standard in Gomukh Vidhyalaya, Pipla Kewalram. It is stated that on 12 th September, 2017, as usual, the victim went to the school at about 10.00 a.m.; however, she did not come back home. The informant made an inquiry with the classmates of the victim. The classmates informed him that the victim did not attend school on that day. The informant made a search of the victim at the house of his relatives and other places, but the victim could not be traced out. The informant had suspicion over the accused. He has stated that the accused, who is residing near his house, took advantage of the innocence of the victim and kidnapped her for unknown reasons.

(3.) On this report, a Crime bearing No.294/2017 was registered for the offence punishable under Sec. 363 of the IPC. The Investigating Officer, during the course of the investigation, came to know that, after kidnapping the victim, the accused carried the victim to village Nandani, district Kolhapur and started residing in a rented room. The Investigating officer, accompanied by the father of the victim and other relatives, proceeded to village Nandani. On enquiry at village Nandani, they came to know that the accused has taken a room on rent, and he is residing in the said room with the victim. They went there. The accused and the victim were found in the said premises. The accused was arrested. The spot panchanama of the said spot was drawn. The victim narrated the incident to the police. According to the victim, the accused promised her a job, and under the promise of providing her a job, kidnapped her. The victim further stated that the accused, under the promise of providing the job, committed sexual intercourse with her on number of occasions. After this, the supplementary statement of the informant was recorded. Similarly, the statement of the victim was recorded. The investigation revealed the commission of the above-stated offences. The victim was examined by the Medical Officer.