KISHOR S/O. BHANUDAS WALHEKAR Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-11-4
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on November 03,2017

Kishor S/O. Bhanudas Walhekar Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) The appellant has filed the present appeal against the judgment and order passed by the Judge of Special Court at Ahmednagar in Sessions Case No.206 of 2014 decided on 20 th November, 2015, whereby the appellant has been convicted for the offences punishable under Sections 3 and 4 as well as 5(1) and (6) of the Protection of Children from Sexual Offences Act, 2012 (for short, POCSO Act) and under Section 376, 366-A and 363 of Indian Penal Code. The maximum sentence awarded to the appellant is of ten years.
(2.) The appellant is in jail since the date of his arrest in the crime registered against him i.e. from 22nd May, 2014.
(3.) In short, it is the case of the prosecution that the accused kidnapped the prosecutrix, who is stated to be a minor girl, from the lawful guardianship of her parents with an intent to seduce her for illicit intercourse and time to time committed rape on her in the period between 7.5.2014 to 13.5.2014. According to the case of the prosecution, on 7.5.2014, the accused gave a phone call to the prosecutrix and asked her to come at State Transport bus stand at Amrapur so as to go along with him at his house at Ukhal-wadi. Accordingly, the prosecutrix reached to ST bus stand at Amrapur and then went along with the accused, first to Ahmednagar and from there to Pune. It was the further case of the prosecution that the accused took the prosecutrix at Pimpri and stayed in a lodge at Pimpri and during their stay in the said lodge, had sexual intercourse with the prosecutrix against her will. It was the further case of the prosecution that on 10th May, 2014, the accused took the prosecutrix to Aalandi and without her consent, performed marriage with her and at that time compelled the prosecutrix to state the year of her birth as 1996. It was also the case of the prosecution that thereafter the accused several times had sexual intercourse with the prosecutrix without her consent.;


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