SANJAY SANJEET ROY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 28/11/2019, passed by the learned Special Judge, Warora, whereby the learned Judge, on conviction, sentenced the accused to suffer rigorous imprisonment for three years and to a pay 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 five years and to pay a fine of Rs.3,000.00 for the offence punishable under Sec. 366 of the IPC; and rigorous imprisonment for ten years and to pay a fine of Rs.7,000.00 for the offence punishable under Sec. 376 of the IPC. The accused, though convicted for the offence punishable under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act"), no separate sentence has been awarded.

(2.) BACKGROUND FACTS:

(3.) It is further case of the prosecution that in the night of 25/11/2015 at about 12.00 midnight during the course of the search in the forest, they found the victim and the accused. The accused ran away from the spot. The victim was brought home. She narrated the incident of kidnapping and penetrative sexual assault on her by the accused. Her statement was recorded. On the next day i.e. on 25/11/2015, she was sent to the hospital for medical examination. The accused was arrested on 26 th November, 2015. The police conducted the investigation. The investigation revealed that the accused kidnapped the victim on an assurance that he would marry with her, and, in the village forest, committed sexual intercourse with her without her consent. It is the case of the prosecution that the accused threatened the victim of dire consequences in case the incident was disclosed to anybody.