DEVANAND RAJABHAU MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the accused challenging his conviction in Special POCSO Case No. 4/2014 by Special Court, Ambajogai, Dist. Beed on 1.8.2016 for the offence punishable under Sections 363, 366A and 376(2) and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Prosecution had come with a case that the informant, who is the mother of the victim girl was residing alongwith her husband, victim girl, son and mother-in-law. The victim girl was taking education with Shri Sandeshwari Vidyalaya, Chanai, Tq. Ambajogai in 10th standard in the year 2013. The victim girl went to school as usual in the morning at 9 AM on 10.10.2013. She had taken her tiffin. The school used to be over by 4 PM. On that day the nephew of the informant had given a telephone call at 2 PM to the informant and asked the informant as to whether the victim has returned. He told that the victim is not in school. Thereafter, the informant and her husband, who were in their field were informed about the same and therefore, they went to the school to make enquiry. Victim's friends were present in the school. Enquiry was made with them about the victim. It was told that in view of the birth day of the victim when she was standing near a water tank in order to bring cake, she was taken by Devanand Rajabhau More i.e. present accused with Krishna Rajabhau More. The said fact was also told by the Teacher of the victim. When Krishna More and Dhamma More were found near the water tank, the parents of the victim made enquiry about the victim with them. At that time, it was informed that the accused and the victim got alighted at the Stand and they are not aware where they have gone. When the victim did not return till 11.10.2013 her mother lodged report against the accused. The said F. I. R. vide C. R. No. 140/2013 was registered under Section 363, 366 read with Section 34 of I. P. C. and investigation was undertaken. It appears that the victim and the accused were found on 14.10.2013. The statement of the victim was recorded on that day and thereafter, she was sent for medical examination. Accused came to be arrested. He was also medically examined. It was told by the victim that during whole night on 10.10.2013 they had halted in the agricultural land of the victim and thereafter, they had gone to Pokhri, Latur Kale Borgaon. She also told that accused had sexual intercourse with her and therefore, Section 376 of Indian Penal Code came to be added. At the time of medical examination the samples were taken. Clothes of the victim as well as accused were seized. All the seized articles and samples were sent for chemical analysis. Statement of the witnesses were recorded. Panchnama of the spot i.e. the field was executed. After the investigation was over, charge-sheet came to be filed before the Special Court.

(3.) Accused was on bail. When he appeared before the Special Judge, Charge was framed for the offence punishable under Section 376(2), 363, 366 of I. P. C. and Section 6 of POCSO Act against the accused No. 1 and against the accused No. 2, the charge is framed for Section 34 of the I. P. C. Both the accused persons pleaded not guilty and therefore, trial was conducted. Prosecution had examined in all 9 witnesses in order to bring home the guilt of the accused. It is the defence of the accused that he had love affair with the victim since 4 years prior to the date of offence. He was called by the victim on that day to celebrate her birth day. After he gave best wishes to her, the sister of the victim had seen them. Victim had asked him to accompany with her. But, then he had refused. But, then the victim had given threat to him that she would commit suicide if he does not give company to her. Thereafter, they went to Latur and then at his paternal aunt's place at Goregaon, Mumbai. His aunt had handed them to Police.