ISSUB KHAN Vs. STATE

JUDGEMENT

(1.) Heard Mr. Amonkar, learned Advocate for the Appellant and Mr. Bhobe, learned Public Prosecutor for the Respondent-State.

(2.) This is an appeal against the conviction of the Accused/Appellant by the Fast Track Court (POCSO) at Panaji vide Judgment and order dtd. 3/1/2023 passed in Sessions Case (ors) No. 76/2018, convicting the Accused/Appellant of the offences punishable under Sec. 363 of the IPC. The Accused/Appellant has been sentenced to undergo 3 years Rigorous Imprisonment and to pay a fine of Rs.50,000.00 (Rupees Fifty Thousand only) and, in default, to undergo 1 month Rigorous Imprisonment. The Accused/Appellant has been acquitted of the offences punishable under Sec. 376, 354, 452 of IPC and Sec. 4 and 8 of the Prevention of Children from Sexual Offences (POCSO) Act.

(3.) The case of the prosecution is that on 17/2/2015, between 16.00 hrs to 19.45 hrs in the village 'P', Bardez, Goa, the Accused/Appellant, without the consent of the complainant (lawful guardian) kidnapped her minor daughter, aged 17 years from the lawful guardianship and committed house trespass by entering into the house of the complainant and also used criminal force with intent to outrage the modesty of the victim girl; kept her in secret and committed rape, penetrative sexual assault and sexual assault on her.