PRAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant-convict takes exception to the judgment and order of conviction passed by learned Special Judge, Beed dated 17.07.2019 passed in Special (POCSO) Case No. 17 of 2018 for commission of offences punishable under Sections 363, 366-A, 376(2)(f)(n) of the Indian Penal Code [IPC] and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act].

(2.) PW2 victim studying in 10th standard was alone at home on 09.05.2016 while her mother PW1, a worker in the hospital, went to attend duties. Cousin of mother, i.e. accused, visited her house and finding victim alone, he told that he desires to marry her and suggested that they should run away and perform marriage. He latched the door. At that time another uncle, namely, Sham came and thereafter he scolded accused. However, after said uncle Sham left, accused again told the girl that they should run away and accordingly, he took her to Jalna road, Beed and then brought her to Aurangabad, spent night at the room of one Prakash and thereafter he took the girl to Manmad by train and from there to Yeola in a bus, their they halted at his aunt and then he took her to Ahmednagar. Finding girl missing, mother suspected accused, who was regularly visiting her house, to be responsible and she lodged FIR Exhibit 26.

(3.) Police found victim after 11 months and thereafter she made disclosure that accused promised to marry her, took her from the house to various places and had sexual intercourse with her, impregnated her and even forced to get pregnancy aborted and accordingly, her statement was also recorded.