JUDGMENT :

Vibha Kankanwadi, J.

1. Appellant is the original accused who faced with trial in Sessions Case No.167/2014 before Judge, Special Court and Additional Sessions Judge, Ahmednagar. He has been convicted for committing an offence under Section 3 punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act”). He has also been convicted for the offence punishable under Section 376 of the Indian Penal Code, 1860, however, no separate punishment has been awarded. He has been also held guilty of committing an offence punishable under Section 366A of the Indian Penal Code and no separate sentence has been awarded for the offence punishable under Section 363 of the Indian Penal Code, though held guilty.

2. The prosecution story, in short, was – PW 2 is the father of the victim, who lodged report with Ahmednagar Taluka Police Station on 16.03.2014. On that day the victim was aged 16 years 06 months and she was taking education in 10th standard. On 05.03.2014 the examinations of the 10th standard of the victim were going on and for attending the examination victim left house by wearing school uniform around 9.45 a.m. Informant was at home. He received phone call from the Peon of the school, where the victim was taking education, around 11.00 a.m. and asked him as to why the victim has not come to the school for examination. Informant told that she left the house at 9.45 a.m. by saying that she would be attending the school for examination. The Peon confirmed that the girl has not come to the school. Therefore, informant and his wife went to her school. They saw the bicycle of the victim near the school. They took search around the school, however, they could not find her. They made inquiry with her friends as well as relatives in the village about the victim. When the girl could not have found, he lodged missing report. Thereafter, when he as well as his relatives were taking search of the girl, they found that since the same date the accused was also missing from his house. The father made further inquiry and came to know that accused used to talk to the victim, whenever she used to attend the school and, therefore, the father got confirmed that the accused has taken the victim under the pretext of marrying and, therefore, he lodged the First Information Report. At that time the First Information Report came to be lodged for the offence punishable under Section 363, 366A of the Indian Penal Code.

3. It is the further prosecution story that the girl as well as accused reported to Ahmednagar Taluka Police Station at about 11.00 p.m. on 24.03.2014. Thereafter, the victim narrated the father that the accused by giving promise to marriage had enticed her away on motorcycle. He had taken her to various places. He had taken her to a lodge near Ellora, Tq. Khultabad and in the room of the said lodge he had sexual intercourse with her against her wish. Thereafter, they had taken a room on rent at Waluj and stayed there between 06.03.2014 to 24.03.2014. After the statement of the victim was recorded, offence under Section 376 of the Indian Penal Code and under Section 4 of the POCSO Act came to be added.

4. During the course of the investigation panchnama of the spot was conducted. Separate panchnama of the seizure of the articles i.e. clothes was conducted. Statements of witnesses were recorded. Necessary documents from the lodge were collected. The girl was got medically examined and the samples were collected. Accused was also arrested and got medically examined, his samples have also been collected. After the conclusion of investigation charge sheet was filed before the learned Special Judge under the POCSO Act.

5. Charge came to be framed and thereafter trial has been held. Prosecution has examined in all 16 witnesses to bring home the guilt of the accused. After considering the evidence on record and hearing both sides the learned Special Judge has held the accused gu