VAIBHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 9/9/2021, passed by the learned Extra Joint Additional Sessions and Special Judge, Wardha, whereby the learned Judge held the appellant guilty for the offences punishable under Ss. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act' for short) and under Ss. 417, 504, 506 of the Indian Penal Code. He is sentenced to suffer imprisonment for 10 (ten) years and to pay fine of Rs.2,000.00 and in default to suffer RI for 6 (six) months for the offence punishable under Sec. 6 of the POCSO Act. He is also sentenced to suffer RI for 1 (one) year and to pay fine of Rs.500.00 and in default to suffer RI for 2 (two) months, on each count, for the offences punishable under Sec. 417, 504 and 506 of the IPC.

(2.) BACKGROUND FACTS :

(3.) It is stated that after the victim became pregnant, the appellant took a rented room at Borgaon (Meghe). The victim and the appellant started residing together. Before committing the intercourse, the appellant had promised to marry with the victim. The victim, therefore, requested the appellant to marry with her. The appellant made a farce of marriage by garlanding her in a rented room in the presence of some of the neighbours. It is the further case of the prosecution that after few days, the appellant started insisting the victim for abortion. The appellant even disowned the paternity of the child. The appellant would say that the victim was conceived from other person. The appellant started giving threat to kill her in case she refused for abortion. This stalemate continued for 2 to 3 months. The appellant started neglecting the victim and as a result thereof, her health was considerably deteriorated. The appellant even refused to take her to the hospital for medical treatment. The victim went back to her father. Her sister (PW3) took the victim to the hospital. After discharge of the victim from the hospital, the appellant went to the house and again took her to Borgaon (Meghe). On the next day, he dropped the victim at her parents' house. Again on the next day, the appellant went to her parents house under the influence of liquor and insisted her to accompany him. The victim at that time refused to accompany him. The appellant, therefore, mercilessly beat her. Again in the month of March-2019, the appellant went to her parents house and beat her black and blue on the ground that she did not pay the rent of the room. The victim realized that the appellant had made a false promise of marriage with her. He made a farce of marriage. The appellant committed sexual intercourse with the victim under the false promise of marriage. The victim, therefore, went to the police station and lodged report (Exh.42) on 25/5/2019.