MILIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants-convicts hereby take exception to the judgment and order dtd. 9/5/2023 passed by learned Special Judge (POCSO), Beed in Special POCSO Case No. 2/2020 recording guilt for offence under Ss. 323 and 324 r/w Sec. 34 of the Indian Penal Code (for short 'I.P.C.'). Likewise, the original complainant has also questioned the said judgment to the extent of acquittal of accused Nos. 2 to 6 from offence under Ss. 354-A, 143, 147, 148, 504, 506 r/w Sec. 149 of the I.P.C. and under Ss. 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act.

(2.) In brief, prosecution was launched against present appellants by Shirur Kasar Police Station, alleging that informant victim aged 17 years was standing outside her house on 2/11/2019 at around 8.30 a.m. According to her, accused Milind, Pravin and Ashruba came there. Accused Milind with bad intentions caught hold of her hand, pulled her and said that her father is not performing her marriage with him and suggested maintaining relations with him and offered to marry her. She raised shout. Upon which her grandmother and sister came. Accused Pravin beat her sister whereas, accused Ashruba pushed grandmother and abused her. After this it is alleged that, informant and her sister went towards garage of her father to inform about the occurrence. She alleged that, around 09.30 a.m. accused reached there and abused her father. Accused Pravin assaulted her father on head with iron tambi whereas accused Milind hit rod on his legs and accused Ashruba gave blows with stick whereas, accused Nitin gave kicks and fist blows. Because of said assault her father suffered bleeding injury and they approached police and lodged report which was registered.

(3.) PW-7 who took over investigation, arrested accused and on conclusion of investigation charge-sheeted accused and where resultantly tried by learned Special Judge who on appreciation of evidence held accused only guilty for offences punishable under Ss. 323, 324 r/w 34 of the I.P.C. and acquitted accused from charges under Ss. 354- A, 143, 147, 148, 504, 506 r/w Sec. 149 of the I.P.C. and Ss. 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act.