JUDGMENT :

This appeal questions the judgment dated 06.02.2019 rendered by the Additional Sessions Judge-3, Yavatmal in Special (POCSO) Case 9 of 2018 whereby the appellant – accused is convicted for the offences punishable under Section 376 (2)(n) of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for a term of ten years and to payment of fine of Rs. 15,000/- and in default to suffer simple imprisonment for one year, and is further convicted for the offence punishable under Section 506 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for a term of two years and to payment of fine of Rs.1000/- and in default to suffer simple imprisonment for one month.

2. The prosecution case :-

2.1. The victim lodged report dated 05.11.2017 at the Ner Police Station (Exh.21) alleging that the accused abducted and subjected her to forcible sexual intercourse multiple times at the jungle at Arni.

2.2. The victim alleged that on 31.10.2017 at 01:00 p.m. she received a message on her cell phone from the accused that the amount (government subsidy – grant) of her cycle is deposited at the Union Bank, Ner and that she should come near the said Bank the next day, to which message the victim replied in the affirmative.

2.3. On 31.10.2017 at 12:30 p.m. the victim came to the Union Bank at Ner to withdraw the amount. The accused came there and told the victim that the amount will not be withdrawn on that day and offered to drop the victim to her village, Khandala. The victim agreed and sat on the Splendor Motorcycle of the accused.

2.4. The accused took the victim via Darwha road and when the victim told the accused that the said road is not the road which approaches her village she was threatened with physical harm to her parents. The victim accompanied the accused due to the threat issued and was taken to the jungle at Arni.

2.5. The accused snatched the mobile of the victim, removed and destroyed the sim card and attempted to establish physical proximity. The victim tried to resist and again the accused threatened to kill her parents. The accused removed the clothes of the victim and subjected her to forcible sexual intercourse five times.

2.6. On 02.11.2017 at 05:00 p.m. the accused dropped the victim at Nanduri square, Hinganghat and left. The victim walked to her maternal aunt’s house. The victim disclosed the entire episode to her maternal aunt who called the father of the victim. The victim returned to her village along with her father on 03.11.2017. Due to fear of defamation the victim did not lodge the police report immediately. She lodged the police report on 05.11.2017.

2.7. On the basis of the report Exh.21 offences punishable under Sections 363, 366-A, 376 (2)(n) and 506 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) were registered vide printed FIR Exh.22.

2.8. PSI Maya Vaishy took charge of the investigation. She prepared the spot panchanama, sent the victim for medical examination, arrested the accused, seized the clothes of the victim and the accused and the Splendor Motorcycle of the accused, sent the accused for medical examination, recorded the statements of witnesses, obtained and seized the biological samples of the victim and the accused, collected and seized the copy of the admission register of the Zilla Parishad School, sent the seized samples for chemical analysis and after completion of investigation submitted the final report.

2.9. The learned Sessions Judge framed charge (Exh.6) for the offences punishable under Sections 363, 366-A, 376 (2)(n) and 506 of the Indian Penal Code and Section 4 of the POCSO Act. The accused pleaded not guilty and the defence is of total denial and false implication.

2.10. The prosecution examined PW 1 – victim, PW 2 Ashok Ramrao Misal, PW 3 Dadarao Laxmanrao Gajghate who is the father of the victim, PW 4 Avinash Vinayak Jawalkar, PW 5 Dr. Sushma Sharad Gore and PW 6 PSI Maya Ramesh Vaishy who i