POSHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (accused) has challenged judgment and order dtd. 19/9/2022 passed by learned Special Judge, Special Court (POCSO), Chandrapur (learned Judge of the trial court) in Special (POCSO) Case No.91/2021.

(2.) By the judgment impugned in the appeal, the accused is convicted for offence under Sec. 363 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 3 years and to pay fine Rs.3000.00, in default, to undergo rigorous imprisonment for 6 months. The accused is further convicted for offence under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act ) read with Sec. 376(3)(n) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 20 years and to pay fine Rs.5000.00, in default, to undergo rigorous imprisonment for 12 months.

(3.) Brief facts of the prosecution case emerged from the police papers and recorded evidence are as under: The father of the victim girl lodged report alleging that on 2/3/2020 at about 6:30 am, his daughter, the victim girl, had gone to attend her school at Janta Vidyalaya at Tadali. On that day, she has to appear for her examination and the examination paper was till 11:00 am. At about 9:30 am, the accused, who is brother of the informant, took his son along with him and went to Janta Vidyalaya and took the victim on the pretext that the informant met with an accident. He has sent brother of the victim back at the house and took the victim along with him. On the basis of the said report, the police registered the crime against the accused.