XYZ Vs. PRAVIN MOHAN GHORPADE

JUDGEMENT

(1.) Judgment and order of acquittal in Special Case No. 242/2019 dtd. 1/8/2022 passed by learned Additional Sessions Judge, Ahmednagar is hereby assailed by Original Complainant.

(2.) Prosecution was launched against present Respondents for commission of offence under Ss. 354 D, 504, 506 read with Sec. 34 of the Indian Penal Code & Ss. 12 and 17 of the Protection of Children from Sexual Offences Act ('POCSO') on the premise that, victim, a student of 12th standard, was being regularly stalked by Accused no. 1, who used to regularly follow her wherever she went and he also insisted her to accompany him on motorcycle offering to perform marriage with her. Finally, the girl reported it to her family member when on 29/6/2018 he intercepted her way and even threatened to throw acid over her, if she does not talk with him or accompany him. On above premise and on above allegations, crime was registered, investigated and accused was charge-sheeted and duly tried vide above sessions case, during which prosecution adduced evidence of in all 8 witnesses. The oral and documentary evidence was analyzed and after hearing the arguments of both sides, vide judgment and order dtd. 1/8/2022, both accused stood acquitted.

(3.) Learned Counsle for Complainant would point out that, admittedly, the girl was minor as she was studying in 12th standard. Apart from setting law into motion, she had adduced her own evidence at Exhibit 33, wherein she narrated that, she was followed, stalked and harassed mentally. Her statement under Sec. 164 of Code of Criminal Procedure (CrPC) has been recorded. That, even statement of her father was recorded. That, there was evidence of Gramsevak of the village and as such, there was convincing evidence but the same has been incorrectly appreciated.