JITENDRA TANAJI SAPKAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under section 307 of the Indian Penal Code and is sentenced to suffer R.I. for 5 years and to pay fine of Rs. 10,000.00 I.d. to suffer further R.I. for 3 years; he is further convicted for the offence punishable under section 326(A) of the Indian Penal Code and is sentenced to suffer R.I. for 10 years and to pay fine of Rs. 10,000.00 I.d. to suffer further R.I. for 3 months. The appellant is further convicted for offence punishable under section 363 of the Indian Penal Code and is sentenced to suffer R.I. for 5 years and to pay fine of Rs. 10,000.00 I.d. to suffer further R.I. for 3 months; he is also convicted for offence punishable under section 364 of the Indian Penal Code and he is sentenced to suffer R.I. for 5 years and to pay fine of Rs.10,000.00 I.d. to suffer further R.I. for 3 months. The appellant is hereby convicted for offence punishable under section 376 of the Indian Penal Code and he is sentenced to suffer R.I. for 7 years and to pay fine of Rs. 10,000.00 I.d. to suffer further R.I. for 3 months. The appellant herein is also convicted for offence punishable under section 4 of the Protection of Children from Sexual Offences Act, 2012 and he is sentenced to suffer R.I. for 7 years and to pay fine of Rs. 10,000.00 in default to suffer further R.I. for 3 months. The appellant is also convicted for the offence punishable under section 7, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and he is sentenced to suffer R.I. for 3 years and to pay fine of Rs. 5,000.00 I.d. to suffer further R.I. for 3 months. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows :

(3.) P.W.1 Ram Kasalkar has deposed before the Court that the birth date of the victim is 2/7/1997. In the year 2013, she was taking education in Saili International School, MHB Colony, Boriwali(west). She was attending private classes in the afternoon and in the evening she was attending typing class. He had admitted that there was intimacy between the victim and the present appellant 6 months prior to the incident. The appellant was residing in the same locality. The appellant was soliciting sexual favours from the victim. Being harassed by the same, the victim had turned down his proposal for marriage. P.W. 1 and his family members had met the family members of the accused. There was an assurance by the family members and relatives of the accused that they would see to it that he would not trouble her in future. Despite that, the victim was being harassed by the appellant and therefore, they were constrained to lodge a report against the appellant at the Boriwali Police Station. The worker of Maharashtra Navnirman Sena namely, Nishad Kora had been to the police station and apologised the family of P.W. 1 for the act of the accused and assured the family members that he would ensure that the accused would not harass the victim in future.