AKBAR HUSSAIN ANWAR HUSSAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred the present appeal, being aggrieved by the judgment and order dtd. 3/12/2022 passed by the learned Extra Joint District Judge and Additional Sessions Judge, Nagpur in Special (POCSO) Case No. 441 of 2020, whereby the appellant is convicted for the offences punishable under Ss. 376(3), 363, 376(2)(i) of the Indian Penal Code (IPC) and Sec. 3 read with Sec. 4 of the Protection of Children from Sexual Offences Act (POCSO Act). He is sentenced to suffer rigorous imprisonment for 20 years and to pay a fine of Rs.7000.00; in default, to suffer rigorous imprisonment for three months for the offence under Sec. 376(3) of the IPC. As per Sec. 42 of the POCSO Act, no separate sentence is awarded for the offences punishable under Ss. 363, 376(2)(i) and Sec. 3 read with Sec. 4 of the POCSO Act as the sentence awarded under Sec. 376(3) of IPC is greater in degree.

(2.) The case of the prosecution, briefly stated, is that on 19/6/2020 at about 11.00 a.m., the minor victim left her residence informing her mother, Noorjaha Begum (PW-1), that she was going to the house of her friend Mehar. When she did not return home, PW-1 contacted Mehar, who stated that the victim had not visited her house. PW-1 thereafter ed for the victim but, having failed to trace her, lodged a missing report (Exh. 23) at Police Station Sakkardara, Nagpur. On that basis, Crime No.326/2020 under Sec. 363 of the IPC came to be registered vide FIR (Exh. 24). API recorded the report and circulated wireless messages (Exh. 73) to nearby police stations and also prepared the spot panchanama (Exh. 36) in the presence of panch witnesses.

(3.) Charges under Ss. 363, 376(2)(i), 376(3), 506 IPC and Ss. 3 r/w 4 and 11 r/w 12 of the POCSO Act were framed at Exh. 16. The accused pleaded not guilty and claimed to be tried. The prosecution examined ten witnesses. The statement of the accused under Sec. 313 CrPC was recorded at Exh.89, wherein he denied all incriminating circumstances and claimed false implication.