XYZ Vs. ASHISH MADHUKAR SURYAWANSHI

JUDGEMENT

(1.) By invoking Sec. 372 of Cr.P.C., original complainant challenges the judgment and order of acquittal dtd. 29/5/2024 passed by learned Extra Joint District Judge and Additional Sessions Judge, Latur in Special Case (POCSO) No. 42 of 2019 acquitting present respondents from charges under Sec. 363, 366, 376 r/w 34 of IPC and under Ss. 4, 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

(2.) In brief, prosecution was launched against accused no.1 Ashish and his mother on the premise that, on 21/7/2017, accused persons kidnapped complainant's daughter, a minor, and committed offence of Sec. 363 IPC and further, accused no.1 inflicted sexual assault and thereby also committed offence of Sec. 376 of IPC and Ss. 4 and 12 of POCSO Act. On above premise, crime was registered, investigated and accused, who were chargesheeted, were tried by the above court, but the trial ended up in acquittal. Hence, appeal by original complainant.

(3.) Learned counsel for the appellant would point out that, daughter of complainant was admittedly minor. That, there was positive and convincing evidence about on this point. According to him, she being minor and being removed from the guardianship of parents, initially offence of kidnapping was reported and lodged. That, there was evidence of father, victim as well as medical evidence on the point of age of victim. However, same has not been correctly appreciated by the trial court.