KIRAN GAWALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant has filed the present appeal challenging the judgment and order passed by III Additional Sessions Judge, Latur in Special Case (POCSO) No. 28/2014 decided on 27th July, 2015.

(2.) The appellant was prosecuted in the aforesaid Sessions Case for the offences punishable under Sections 363, 366, 376(2)(n) of Indian Penal Code and Sections 6 and 10 of the POCSO Act and also under Section 3(1)(w) of The Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act. (herein after referred to as the Atrocities Act) The Sessions Court has acquitted the appellant - accused for the offences punishable under the Atrocities Act, but has convicted him for the offences punishable under Sections 363, 366, 376(2)(n) of the Indian Penal Code and Sections 6 and 10 of the POCSO Act. The maximum sentence awarded to the appellant is ten years' rigorous imprisonment and fine of Rs. 5,000/-

(3.) In brief, it was the case of the prosecution that the accused kidnapped the prosecutrix from the lawful guardianship of her parents on 6th May, 2014 with intent to seduce her to illicit intercourse and took her with him at Pune and the other places and committed repeated rape on her during the period 8.5.2014 to 21.5.2014. According to the prosecution, at the relevant time, the prosecutrix was below 18 years of her age.