SHUBHAM RAJESH KANOJIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 04.05.2019 rendered by the learned Additional Sessions Judge, Nagpur in Special Child Case 201 of 2016, whereby the appellant is convicted for offence punishable under Section 376(2)(i)(n) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and is sentenced to suffer rigorous imprisonment for eleven years and to payment of fine of Rs.7000/-.

(2.) The prosecution case:-

(3.) I have given anxious consideration to the evidence on record, and having done so, I am in complete agreement with the finding recorded by the learned Sessions Judge that the sexual relationship was consensual. The version of the victim is that the accused was residing in front of her house, used to visit her house in the absence of her mother and used to establish sexual contact. The victim does state that the accused threatened her that either the victim or her mother will be killed if the accused is not allowed to have physical relationship. This assertion is unbelievable. The victim admits that she used to disclose to her neighbour the visit of any person to her house should such person visit in the absence of her mother. The victim admits that she did not disclose to her neighbour or mother that the accused visited her. It is not the version of the victim that the physical relationship was established only once. The version is that the accused established physical contact on multiple occasions and the first disclosure by the victim is only on suffering from the stomach ache. Notably, the version of the victim is that when she missed her menses she informed the accused and not to her mother. The finding of the learned Sessions Judge that the sexual relationship was consensual is unexceptionable.