The main legal point established in the judgment is the application of Section 42 of the POCSO Act, which dictates the imposition of punishment for the offence which is greater in degree when the same facts constitute multiple offences under the POCSO Act and the IPC.

JUDGMENT :

1. Criminal Appeal No.249 of 2020 is filed by original accused No.1 and 2 and Appeal No.252 of 2020 is filed by original accused No.3; challenging their conviction by learned Special Judge, Majalgaon, Dist. Beed in Special (CHILD) Case No.06 of 2016, on 12-02-2020, for the offence punishable under Section 354-A of the Indian Penal Code and Section 363, 511 read with 34 of the Indian Penal Code and Section 8 of The Protection of Children from Sexual Offences (POCSO) Act, 2012. Accused No.2 has been held guilty for committing offence punishable under Section 363, 511 read with 34 of the Indian Penal Code with other two accused.

2. The prosecution had come with a case that, informant who is girl aged 16 lodged First Information Report (FIR) on 26-01-2016 stating that as it was Republic Day, she got up early and she along with her cousin sister started for their school at about 06.30 a.m. for Flag Hoisting. When they were at a distance of about 200 meters away from their school on Kherda to Ekdara road, they found that one white Indica car was parked by the side of the road. When they reached near that spot, it was 06.55 a.m. When she and her cousin were walking by the side of the road, suddenly accused No.1 and 3 got down from the said car. Accused No.1 caught hold of the hand of the informant and started to drag her towards the car with ill intention. The cousin sister of the informant was resisting accused No.1 but at that time accused No.3 caught hold of her hand and started to drag her also towards the car. They both were resisting and manhandling took place, they were shouting for help and, therefore, by hearing their voice, their school teachers and other students came towards them running. At that time accused No.1 and 2 shouted to one Sachin that, he should start the vehicle and, thereafter, accused No.1 and 3 got in the car and the car went speedily towards Talkhed village. The informant went to Police Station and then lodged the report which was then registered vide Crime No.17 of 2016 and the investigation was taken up.

3. During the course of the investigation the statements of the witnesses were recorded by police. So also their statements were got recorded under Section 164 of the Code of Criminal Procedure. Panchanama of the spot was carried out. Certain documents appears to have been collected. Accused persons came to be arrested and after the completion of the investigation, charge-sheet was filed before the Special Court.

4. Charge was framed against all the three accused persons vide Exhibit 30. Nine witnesses have been examined by the prosecution to support its case. Taking into consideration the incriminating evidence, the statement of the accused persons under Section 313 of Code of Criminal Procedure has been recorded. After considering the evidence on record and hearing both the sides, the learned Special Judge has convicted all the three accused persons under different sections. They have been sentenced thus ;

“[1] Accused nos.1 and 3 are hereby convicted as per Section 235(2) of Criminal Procedure Code for the offence punishable under Section 354[A] of Indian Penal Code and sentenced to suffer rigorous imprisonment for 1 [one] year and fine of Rs. 2,000/- each, in default to suffer one month simple imprisonment.

[2] The accused nos. 1 to 3 are convicted for the offence punishable under Section 363, 511 r.w. 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 3 [three] years and to pay fine of Rs. 3,000/- (Rupees Three Thousand Only) each in default to suffer two month simple imprisonment.

[3] The accused nos. 1 and 3 are convicted for the offence punishable under Section 8 of the POCSO Act and sentenced to suffer rigorous imprisonment for 3 [three] years and to pay fine of Rs. 3,000/- (Rupees Three Thousand Only) each in default to suffer two month simple imprisonment.”

Further accused No.2 has been acquitted of the offence punishable under Section 354-A of Indian Penal Code and