SHAMRAO LALA KASDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is assailing the judgment and order dated 28-2-2017 rendered by the learned Additional Sessions Judge, Achalpur, by and under which the appellant-accused is convicted for offence punishable under Section 376(2)(i)(n) of the Indian Penal Code ("IPC" for short) and Section 4 of the Protection of Children from Sexual Offences Act ("POCSO" Act for short) and is sentenced to suffer rigorous imprisonment for ten years and to payment of fine of Rs.2,000/-.

(2.) Heard Shri N.A. Badar, learned Counsel for the accused and Shri N.B. Jawade, learned Additional Public Prosecutor for the respondent.

(3.) The genesis of the prosecution lies in oral report dated 28-9-1995 (Exhibit 10) lodged at Police Station Chandur Bazar by the prosecutrix (P.W.1) alleging that the accused promised to marry her and subjected her to forcible sexual intercourse six months prior to the lodging of the report. The gist of the report is that the prosecutrix, who is a resident of village Bhaisaghat in Madhya Pradesh, is related to the accused. Ten months prior to the lodging of the report, the accused brought her to village Talwel, District Amravati to work as an agricultural labour. She used to stay with the family of the accused. Six months prior to the lodging of the report, when the family members of the accused went for work, the accused promised to marry her and subjected her to sexual intercourse. The accused established sexual relationship on five to six occasions thereafter and threatened the prosecutrix not to disclose the incident. The prosecutrix went to her native village for Rakshabandhan. She disclosed to her parents that she is pregnant and the person responsible is the accused. On the basis of the said oral report (Exhibit 10) and printed first information report (Exhibit 11) offence punishable under Section 376(1)(i)(n) of the IPC and Section 4 of the POCSO Act was registered against the accused. Investigation ensued, upon completion of which charge-sheet under Section 376(1)(i)(n) of the IPC and Section 4 of the POCSO Act was submitted in the Court of Judicial Magistrate First Class, Chandur Bazar, who committed the proceedings to the Sessions Court. The learned Sessions Judge framed charge (Exhibit 5) under Section Section 376(1)(i)(n) of the IPC read with Section 4 of the POCSO Act. The accused abjured guilt and claimed to be tried. The defence of the accused is of total denial, and in the alternate, of consensual sexual relationship.