GORAKSHYA ARJUN MAHAKAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the Counsel.

(2.) The appellant herein is convicted for the offence punishable under Section 376 of Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO" Act) vide judgment and order dated 4th March 2015 by the Special Judge (POCSO), Kalyan and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.3,000/-, in default to suffer rigorous imprisonment for one year and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.2,000/-, in default to suffer rigorous imprisonment for one year respectively. Hence, this appeal.

(3.) It is the case of the prosecution that on 21st December 2013, the prosecutrix Ms. "X" lodged a report at Ambernath Police Station alleging therein that her father is working in Ambernath Municipal Council in Water Department. When she failed in her 12th standard examination, she joined Kirti Computer Class at Ambernath to complete the course of M.S.C.I.T., Tally and D.T.P. She used to attend the class at 1.00 pm. and the said computer class was at a distance of 1 km. from her house. The present appellant was residing in the same locality and the prosecutrix and the appellant were friends since more than one year. On some occasions, the appellant used to drop her to Kirti class on his motorcycle. According to the prosecutrix on 21st December 2013, she left the house at about 1.00 pm. to attend her class by foot. When she had reached Bhendipada, she met her friend i.e. the appellant and asked her to accompany him on his motorcycle. She obliged him. Then they had visited Teenzadi area. He proposed her. Then they had been to Titwala for having lunch at Akshay Hotel. At about 2.00 to 2.30 pm., they had checked-in the room of hotel and according to the prosecutrix, she was ravished by the appellant/accused against her wish. Thereafter he had dropped her in front of Jaihind Bank. According to the prosecutrix, she returned to her house and disclosed the incident to her mother and thereafter her parents had taken her to Ambernath Police Station and report was lodged against the appellant/accused for the offences punishable under Section 376 of Indian Penal Code, 3(1)(11) of the Scheduled Casters and Scheduled Tribes (Prevention of Atrocities) Act and 3 and 4 of Protection of Children from Sexual Offences Act.