The main legal point established is that the testimony of the prosecutrix, supported by medical evidence and witness statements, can be sufficient to prove guilt under the POCSO Act and the Indian Penal Code, especially in cases involving minors and sexual offences.

JUDGEMENT :

1. Present Appeal has been filed by the original accused challenging his conviction in Special (POCSO) Case No.26 of 2015 under Section 3 punishable under Section 4 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) and Section 376(2)(i) of the Indian Penal Code by the learned Special Judge, Osmanabad on 23rd March 2017, thereby convicting him for the said offence and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.5000/-, in default to suffer further rigorous imprisonment for one year.

2. It will not be out of place to mention here before proceeding further that earlier Advocate who was representing the appellant, failed to cause his appearance after 27th September 2021. The appellant is in jail, in view of the fact that his application for suspension of sentence came to be rejected by this Court. By order dated 17th February 2022 when it was again found that the learned Advocate, then representing the appellant – the accused, who was in jail, has not caused his appearance, it was made clear that this Court would appoint some other Advocate to assist the Court. Accordingly, by order dated 29th April 2022 learned Advocate Mr. Z.H. Farooqui came to be appointed as Amicus Curiae to assist the Court, to represent the cause of the appellant.

3. Heard Mr. Farooqui, learned Advocate appointed for Appellant, Mr. Bagul, learned A.P.P. for Respondent No.1 and Mr. Khedkar appointed for Respondent No.2 through Legal Aid. Perused the Paper-Book.

4. The prosecution story, in short, is that the prosecutrix – victim is 15 years old girl, residing in the neighbourhood of the accused. Accused was residing along with his wife and mother. In the house of the informant – victim, she was residing with her sisters, brother and parents. According to the prosecutrix, on 21st August 2015 the accused called her to his house at about 9.00 a.m. and asked that in the evening they would go to Pune to get married at Pune. About 3 to 4 months prior to that wife of the accused had gone for delivery to her parental house at Dindur. Thereafter, the love relationship developed between the prosecutrix and accused and thereafter on the said date i.e. 21st August 2015 said proposal was made by the accused. The prosecutrix states that though her parents and she herself had gone to watch T.V. in the house of the accused at about 7.00 p.m. on the same day, she had returned to her house on the ground that she want to take dinner. However, thereafter she as well as accused went up to petrol pump of Dhoki by walk and then by taking a bus they went to Pune. They reached Pune around 5.00 a.m. on 22nd August 2015 and then they had gone to the house of the brother of the accused. After 8.00 p.m. on that day said brother of the accused and his wife had gone out of the house and then by giving promise to marry, the accused had committed sexual intercourse with her. On 23rd August 2015 father of the prosecutrix had given a call to the accused and asked them to return and he promised that they would do as per their wish. Thereafter the prosecutrix and accused went to the house of another brother of the accused, halted there at night, and again on next date i.e. 24th August 2015 went to the house of the brother of the accused where they had earlier stayed. Then on 24th August 2015 at about 7.30 p.m. they started from Pune to Dhoki. They returned on the next day morning i.e. on 25th August 2015, near the petrol pump of Dhoki where her parents were waiting and then she went to the Police Station. She narrated the entire incident and accordingly her First Information Report (for short “FIR”) Exhibit-9 was recorded. She was then sent for medical examination. She had produced her clothes. Her statement under Section 164 of the Code of Criminal Procedure was also thereafter recorded by the