JUDGMENT :

PRITHVIRAJ K. CHAVAN, J.

1. By this appeal, the appellant challenges the judgment and order passed by the Designated Court under the Protection of Children from the Sexual Offences Act, 2012, Greater Bombay (for short “POCSO Act”) dated 12th March, 2019 passed in POCSO Special Case No. 457 of 2014 by which he has been convicted of the offence punishable under section 376 of the Indian Penal Code (for short “I.P.C.”) r/w section 6 of the POCSO Act and sentenced to suffer rigorous imprisonment for 10 years with fine of 20,000/- in default, to suffer rigorous imprisonment for three months.

2. Prosecution case is as follows.

3. The prosecutrix who was aged about 17 years got acquainted with the appellant in March, 2013 and they became friends. She was in the 10th standard at the relevant time. Their friendship ultimately turned into love. The prosecutrix and the appellant used to meet frequently when the prosecutrix used to attend her computer classes.

4. In the month of November, 2013, the appellant invited the prosecutrix for celebration of his birthday at Titwala. When the prosecutrix reached Titwala, appellant asked her to accompany him in a restaurant. The prosecutrix realized that it was a hotel with lodging facility. It is the case of the prosecution that the appellant thereafter forced the prosecutrix to remove her clothes and thereafter committed sexual intercourse with her. The prosecutrix could not resist as she was scared. Even she could not oppose the act of the appellant. The appellant, however, convinced and promised her that he would marry her. He, thereafter, again committed sexual intercourse with her.

5. After a few hours, both returned to their respective places, however, their meetings continued at her computer class. It is further alleged that the appellant became so possessive of the prosecutrix that he did not allow her to talk with her other friends. The prosecutrix was disappointed with such behaviour of the appellant and, therefore, stopped talking with him since January, 2014. The appellant, however, tried to establish contact with the prosecutrix.

6. In the month of February, 2014, the prosecutrix missed her menstrual cycle. When her moth asked about it, being scared, she could not disclose the fact. She was brought to Rajawadi Hospital by her mother on 19th March, 2014. After undergoing medical examination and sonography, it revealed that she was carrying a foetus of 4 and ½ months in her womb.

7. The First Information Report (Exhibit 7) came to be lodged on the same day. Information was given to PW-10 - Vishnu Gopal Talekar (retired P.S.I) who rushed to the Hospital with W.P.S.I Suvarna Sonawane. Statement of the prosecutrix was recorded. A crime was registered bearing Crime No. 109 of 2014 against the appellant under section 376 of the I.P.C, 4, 5 (j) (ii) and 6 of the POCSO Act. The foetus was aborted on 23rd March, 2014. The appellant came to be arrested on 19th March, 2014 itself. The Investigating Officer recorded the statement of the witnesses, drew spot panchanama (Exhibit 17) in respect of the room of the lodge where the appellant alleged to have raped the prosecutrix, collected samples of abortus as well as blood samples of the prosecutrix and the appellant. Samples were forwarded to the Forensic Science Laboratory for D.N.A analysis. Birth certificate of the prosecutrix was collected which revealed that her date of birth was 1st April, 1997. After investigation, a charge-sheet was filed in the Court of Special Judge under the POCSO Act. A charge was framed under sections 4 and 6 of the POCSO Act and 376 of the I.P.C. The appellant pleaded not guilty and claimed to be tried. 13 witnesses have been examined. The learned Special Judge, after going through the evidence and hearing the respective sides, by the impugned judgment and order convicted and sentenced the appellant as above.

8. I heard Mr. Delhiwala, learned Counsel for the appellant at a considerable length as well as the learned A.