AARIF AKBARALI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant/convict in POCSO Special Case No. 469 of 2019 takes exception to the Judgment and Order dated 20 th November 2023, whereby he was convicted for the offences punishable, under Ss. 363, 376 of IPC and Sec. 4, 6, 8 and 12 of POCSO Act, and sentenced to suffer rigorous imprisonment for a term of 10 years with fine and default sentence.

(2.) Informant is the mother of victim, who lodged report to the police with regard to her daughter went missing on 10 th March 2019. She left home on the pretext of going to wash-room and, thereafter, did not come back. The search taken for her in the surrounding area was futile. Report came to be lodged against unknown person. On 14/5/2019, the Accused and victim were taken in custody by the police, and thereafter, the victim informed to her mother about the occurrence of the incidents. As per the narration given by victim to her mother, on 10 th March 2019, at about 11:00 pm, victim was roaming around the area and, at that time, she met Accused. Accused asked her to come along with him. Victim was scared and, therefore, went along with the Accused in an auto rickshaw. The Accused and victim went to the house of a relative of the Accused. At the same place they stayed for about eight days, and during this period, repeatedly, physical relations were established with her by the accused. Victim, thereafter, was taken to Uttar Pradesh by the Accused. Since the father of the Accused refused to take them in the house, they stayed for some days in the garden in Uttar Pradesh. Victim claimed that during this period too, the Accused has established physical relations with her. Both victim and Accused were taken in custody at Uttar Pradesh and were brought to Mumbai. Accordingly, supplementary statement of the informant was recorded.

(3.) Crime was registered vide C.R. No. 60 of 2019 for offence under Sec. 363 of IPC and, later on, pursuant to the statement of victim and supplementary statement of informant, offences under Sec. 363, 376 of IPC, and Sec. 4, 6, 8 and 12 of the POCSO Act came to be added. Investigation into the said crime was conducted by a woman police officer. Victim was referred to the medical examination. Accused came to be arrested. Statements of witnesses were recorded and the documentary evidence such as panchnama, medical report, etc were included in the investigation papers. On conclusion of investigation, charge-sheet came to be filed before the competent Court.