VISHAL DHONDU MALEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal by convict, there is challenge to the judgment and order dtd. 4/3/2024 passed by learned Additional Sessions Judge, Bhusawal in Sessions Case No. 182 of 2021.

(2.) In brief, prosecution was launched on report by PW2 victim that one month prior to 6/10/2021, while she was passing through the lane, she happened to see accused sleeping with a lady on a cot together. Since then, accused started stalking victim. On 1/10/2021, finding her alone in the house, i.e. while her parents were in the field and brother had been for vaccination, accused caught her hand and forcibly took her to his house and hugged her and even confined her in his house. Seeing arrival of brother of victim, she was allowed to go. According to her, both, accused and said lady, had issued threats to her. Due to threats, she consumed insecticide and was admitted and treated in a hospital. Thereafter, when police approached her in hospital, she gave report Exhibit 19 resulting into registration of crime bearing No. 0239 of 2021 for offence under Ss. 354, 354- A, 354-D, 327, 452, 342, 323, 504, 506 r/w 34 of IPC and under Ss. 7, 8, 11, 12, 16 and 17 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(3.) PW8 registered the F.I.R. which was investigated by PW7 and after gathering sufficient evidence, accused Vishal was chargesheeted and tried by learned Additional Sessions Judge, Bhusawal and he came to be convicted for offence under Sec. 354 of IPC, but was acquitted from rest of the charges. Being aggrieved by the same, present appeal has been preferred.