RAJENDRA LAXMICHAND DHURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal under Sec. 374(2) of the Code of Criminal Procedure (henceforth referred to as "Cr.P.C." as short) against the judgment and order dtd. 15/05/2023 passed by the learned Additional Sessions Judge, (Special Judge POCSO) Bhandara in Special Case (Child Protection) No.50/2018, convicting and sentencing the Appellant as follows :-:-

(2.) The prosecution's case, as revealed from the police report, is as under:-

(3.) The Victim, who was 16 years of age was residing with her mother and sister at village Gudhari, district Bhandara. As there was no television (TV) at her house, she used to go to watch TV at the house of the Appellant, who was her maternal cousin. Whenever the Victim went to the house of the Appellant to watch the TV, the Appellant committed sexual intercourse with her, despite her resistance. The Appellant did the said act with her on the promise that, he will marry her. The Appellant threatened her not to disclose the act to anyone, or else, he will beat her. The sexual intercourse took place in the year 2018 for four(4) to five(5) times. Due to the sexual act by the Appellant, the Victim became pregnant. One day the Victim omitted and her mother came to know from the Victim that, she was pregnant due to the Appellant. The Victim was medically examined and the pregnancy was confirmed. The Victim's mother and the Victim went to the house of the Appellant for marriage with the Victim, however, the Appellant declined. The Victim's mother and the Victim went to Gobarwahi, Police Station,Tq. Tumsar, District Bhandara and lodged the report against the Appellant. Crime No.152 of 2018 came to be registered against the Appellant for the offences punishable under Ss. 376(2)(n) (f)(j)(3) of the Indian Penal Code (for short IPC) and for the offences punishable under Ss. 4 and 6 of the Protection of Children From Sexual Offences Act,2012 (for short POCSO).