LALU @ SANJU BHISAN SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Convict for offence under Ss. 363, 376(2)(n) of IPC and Ss. 4(2) and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), hereby takes exception to the judgment and order passed by learned Special Judge (POCSO), Aurangabad dtd. 27/4/2023 in Special Case (POCSO) No. 185 of 2020.

(2.) In brief, prosecution case is that, on 25/3/2020, daughter of informant PW2 had carried lunch for him while he was working in the field. After handing over the lunch box, she left the field to go home, but she had not reached home and therefore, he lodged complaint against unknown person for offence of kidnapping. On the next day, his daughter was brought by police from house of sister of accused and thereafter, crime was registered by Pishor Police Station bearing No. 68 of 2020 for above offences. Investigation culminated into filing chargesheet and trial was conducted by above said court who, after appreciating oral and documentary evidence, convicted the appellant, who now challenges the above judgment and order of conviction.

(3.) Learned counsel for the appellant would point out that, at the threshold, prosecution had failed to prove that victim was minor. He took this court through the evidence of complainant and more particularly, her cross, and would point out that, she had admitted that on 25/3/2020, she was of 18 years of age. That, her marriage was also performed and therefore according to him, she was not minor.