KISHOR BHAGWAN BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are directed against the impugned judgment and order dated 25.6.2015 rendered by the learned Sessions Judge, Ahmednagar in Sessions Case No. 367 of 2013.. The appellant-original accused, in Criminal Appeal No. 639 of 2015, put in question the validity and propriety of the fndings of conviction and resultant sentence awarded to him for the ofence punishable under Section 4 of the POCSO Act 2012 as well as for the ofence punishable under Section 384 and 506 of IPC. The learned trial court imposed the following sentence of imprisonment and fne on the appellant :-

(2.) The prosecution case, sans unnecessary details is that, the ill-fated minor prosecutrix - 16 year old - studying in 12th standard was residing with parents, brother and other members of her family. The appellant-accused came in contract with the prosecutrix being resident of the same locality. He gradually developed intimacy with the prosecutrix. According to prosecution, the appellant-accused on 8.6.2012 visited to the prosecutrix when she was alone at home. He had also brought a bottle of soft drink with him having intoxicated substance in it. He made the prosecutrix to drink the same. Thereafter, the appellant-accused started vulgar and indecent act with the prosecutrix. It has been alleged that the victim-prosecutrix attempted to oppose the lustful misconduct of appellant - accused. But, he did not pay any heed to her demur and went on to slake his sexual urge. The appellant-accused forcibly ravished the minor prosecutrix and also given threats of life to her if she disclose the incident to her parents or anybody else. The frantic prosecutrix maintained silence and did not divulge the alleged incident to anybody else. Thereafter, she started avoiding to maintain relation with the appellant-accused, but her endeavour found unavailing. The appellant-accused continuously persuaded her and at last, he showed the video-clip recorded by him in his cellphone. It was the recording of sexual act committed by the appellant-accused with the prosecutrix. On seeing the video-clip, the prosecutrix was aghast and requested him not to spoil her life. However, the appellant-accused under the pretext of threats to make the video clip public on social media, used to ravish the minor prosecutrix time and again at various places. Meanwhile, the appellant-accused also given some tablets/pills to the prosecutrix for termination of pregnancy. According to prosecution, the appellantaccused did not stop at this stage of black-mailing the prosecutrix but he stooped to the level of extorting fnancial gain from the father of prosecutrix. The appellant-accused in July, 2013, visited to the father of the prosecutrix and shown the video clip of recording of obscene activities with the prosecutrix and demanded Rs. 50,000/-. He gave threats to make public the video clips/CDs on social media which would put the private life of the members of family of prosecutrix at stake. The hapless father, fearing defamation and damage to the reputation of family in the society, paid Rs. 50,000/- in two installments to the appellant-accused. But, the ordeals of the prosecutrix did not come to an end. The appellant-accused once again demanded Rs.1,00,000/-(One Lakh) to the father of the prosecutrix under threats of black-mailing. Fed up with the continuous mental and physical torture and following threats on the part of appellant-accused, the minor prosecutrix mustered the courage and rushed to the police station and fled the report for penal action against the appellant-accused.

(3.) Pursuant to FIR of the prosecutrix, police of Pathardi P.S., Dist. Ahmednagar registered the Crime No. 262 of 2013 punishable under Section 376, 384, 328, 504, 506 of IPC as well as Section 3(a) and 4 of the POCSO Act 2012, and set the penal law in motion. I.O. visited to the spot of incident and drawn the panchanama of scene of occurrence. He recorded statements of witnesses acquainted with the facts of the case. I.O. apprehended accused for the sake of investigation and recovered the CD as well as his cell phone under Panchanama. The bottle of soft drink was seized in presence of panchas. The prosecutrix was referred for clinical examination. I.O. collected all relevant documents of medical certifcate as well as the School Leaving Certifcate of prosecutrix. The clothes of the accused and prosecutrix were referred to Forensic Laboratory for Chemical Analysis. After completion of investigation, I.O. preferred the charge sheet against the accused bearing Sessions Case No. 367 of 2013.