GURUDAS Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction passed by the Special Judge, Chandrapur dated 30th January 2015 in Special (Child) Case No. 15 of 2013. By the said judgment and order, the appellant is convicted for the offence punishable under Section 363 of the Indian Penal Code and is directed suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default, to suffer further RI for one month. Appellant is also convicted for the offence punishable under Section 366 of the Indian Penal Code and is directed to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1000/-, in default, to suffer further RI for two months. Appellant is also convicted for the offence punishable under Section 376 (2) (n) of the Indian Penal Code read with Section 4 of the Protection of Children From Sexual Offences Act, 2012 and is directed to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1000/-, in default, to suffer further RI for two months. Learned Judge directed that all the sentences shall run concurrently.

(2.) The case of the prosecution is as under :

(3.) The oral report recites that first informant is having three daughters and one son. The name of his wife is Shewantabai. The eldest daughter is married and she used to reside at Ganeshpipri. The prosecutrix is 3rd one whereas the son is his youngest issue. FIR further proceeds that prosecutrix was taking her education at Indira Gandhi High School, Chakdarur and before school reopened for 6th standard, the prosecutrix went to the house of her elder sister Shubhangi at Ganeshpipri. She went on 22.6.2013. She stayed there for sometime and on 27.6.2013, without giving any intimation to anybody, she left the house of her sister. Search was made by the first-informant at various places including close relatives. However, she was not traced and, therefore, a missing report was lodged at Police Station, Gondpipri. Police also took search of the prosecutrix. FIR further proceeds that on 7.9.2013, Police Patil Prabhakar Srikondawar informed him that the prosecutrix and appellant are brought to the Police Station. On getting such information, he his wife Shewantabai, his sister-in-law and other relatives reached to the Police Station. They made enquiry with prosecutrix. That time, it was disclosed that on 27.6.2013 the appellant on the promise of marriage, enticed her.