VINOD KUMAR LALTAPRASAD JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dtd. 11/1/2021 passed in POCSO Special Case No.539 of 2016, whereby the accused came to be convicted for the offences punishable under Ss. 6 and 8 of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") and Ss. 363 and 376(1) of the Indian Penal Code 1860 (for short "IPC"). He is sentenced to suffer 10 (Ten) years Rigorous Imprisonment with fine of Rs.15,000.00, in default, 3 (Three) months Rigorous Imprisonment and 3 (three) years Rigorous Imprisonment with fine of Rs.5,000.00, in default, 2 (Two) months Rigorous Imprisonment for offences punishable under Ss. 6 and 8 of the POCSO Act respectively.

(2.) It is the case of the prosecution that the victim was aged about 16 years at the time of occurrence of the incident. On 23/9/2016 as her mother scolded her, she left house and did not return. The search taken for the victim was futile. Her mobile phone was also found switched off. A report, therefore, came to be lodged by the father of the victim on 24/9/2016 on the basis of which offence came to be registered under Sec. 363 of the IPC. After about a month, victim was found and brought back. She disclosed of having an affair with accused who is her maternal uncle. On the basis of the statement of victim and medical examination conducted, offences under Sec. 376 and POCSO Act came to be added. The investigation in the said Crime was done. On conclusion of investigation, charge sheet is filed before the competent Court.

(3.) The charge was framed against accused vide Exhibit-3. He abjured the charge. The prosecution examined the following four witnesses: