BHAGWAN LAXMAN RAKSHE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant - original accused No.1 (hereinafter referred as "accused") faced prosecution before the Additional Sessions Judge, Beed in Sessions Case No.116/2013. Along with him, one Annasaheb Bhagwat Gavhane was arrayed as accused No.2. In the incident concerned, prosecution alleged involvement of one another juvenile in conflict with law - Dnyaneshwar Kamble. The accused No.1 and 2 were charged with offence under Sections 363. 366 -A, 376 read with Section 34 of the Indian Penal Code, 1860 (IPC in brief). By way of additional charge, the original accused No.1 and 2 were charged with offence under Section 4 as well as Section 6 of the Protection of Children from Sexual Offences Act, 2012 ("Act" in brief). Accused No.2 was additionally charged with offence under Section 16 of the Act. After the trial, the accused No.2 came to be acquitted of the charges which were framed against him while the appellant - accused came to be convicted under Sections 363 and 366 -A of the Indian Penal Code. For both these Sections, there is sentence of rigorous imprisonment for 5 years and to pay fine of Rs.1000/ -, and in default, to suffer simple imprisonment for one month. The accused has also been convicted under Section 4 of the Act and sentenced to suffer rigorous imprisonment for 10 years with fine of Rs.1000/ -, and in default to suffer simple imprisonment for one month. The Trial Court found that in view of the conviction under Section 4 of the Act, need of invoking Section 376 of the Indian Penal Code became redundant. The trial Court acquitted the accused of the offence under Section 376 of the IPC and also Section 6 of the Act, holding that, accused was not police officer etc.

(2.) The case of the prosecution in short may be stated to be as under :

(3.) Trial Court framed charge under various Sections as mentioned earlier. The accused persons pleaded not guilty.