MITURAM UDAYRAM DHURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, the challenge is to the judgment and order dtd. 4/2/2021 passed by the learned Sessions Judge, Amravati, whereby the learned Sessions Judge held the appellant guilty of the offence punishable under Sec. 354-D (1) (i) of the Indian Penal Code (for short, 'the I.P.C.') and under Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.5,000.00, in default of payment of fine to further suffer simple imprisonment for one month.

(2.) Background facts:-

(3.) It is stated that on 19/8/2017 she finished her tuition class at Malpe Sir and was proceeding to attend the tuition class of English subject. She was proceeding via post office Hanuman Temple towards Jagruti School. When she went near the post office , one person came from behind and caught held her hand. She turned around and saw that he was the accused, who had caught held her hand. She pleaded with the accused to release her hand, but at that time the accused told her that he loves her and one day she would accept his love. The victim resisted and some how rescued herself from the accused. She gave him a slap on the face. At the relevant time, one unknown person came there and made an inquiry whether the accused was harassing her. She informed the said person that the accused was harassing her. The said unknown person told her that he would take care of said boy. She should attend her tuition class. The victim went to attend the tuition. After attending the tuition, she went to the school. Her mother came to the school to take her to the doctor. She disclosed the incident to her mother. The mother informed her father about the incident. Her father came there. They together went to the police station. The victim lodged the report at Warud Police Station. Police registered First Information Report No.0627/2017 against the accused.