JUDGMENT :

ABHAY S. WAGHWASE, J.

1. Appellant State is hereby assailing the judgment and order dated 18-12-2018 passed by the learned Additional Sessions Judge, Vaijapur, Dist. Aurangabad in Special Case (POCSO) No.23 of 2016 by which respondent no.1 herein is acquitted from all charges viz. under Sections 302, 201 of the Indian Penal Code (IPC), under Section 8 read with 7 of the Protection of Children from Sexual Offences Act (for short “POCSO”) and under Sections 3(1)(r) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short “the SC and ST Act”).

BRIEF FACTS OF THE CASE BEFORE TRIAL COURT

2. Deceased victim was reported to be admitted in GHATI Hospital, Aurangabad on 31-05-2016. On receipt of MLC, Police official of Waluj Police Station visited the hospital and approached Doctor. He recorded statement of the victim wherein she narrated that her parents were sugarcane cutting labours and she was also joining them in said labour work. She had been to Pandharpur. At that time, accused Deelip Vitthal Rathod was also amongst the said gang. There, deceased victim came in contact and got acquainted with him. After the job was over, they went to Majalgaon. There, accused Deelip maintained physical relations with her and thereafter, he lured her and took her to Aurangabad. He had taken a room on rental basis at Ranjangaon- Shenpunji. She gave statement that accused took up a job in the Industry. On 14-05-2016, when she insisted accused to send her to her parents, he abused her, assaulted her and poured kerosene on her person and set her ablaze.

On the strength of above statement, crime bearing no.264 of 2016 was registered but only for offences under Sections 307, 504, 506, 323 of the IPC. During treatment, deceased victim died. Therefore, charge under Section 302 of IPC has been added. Investigation revealed that she belongs to Scheduled Caste and she was also minor by age and therefore, charges under SC and ST Act and POCSO Act came to be added and chargesheet was duly filed.

3. Learned trial Judge appreciated the evidence adduced by the prosecution and reached to a finding that at the first count prosecution failed to establish death of deceased to be homicidal. Secondly, to screen himself, accused caused disappearance of evidence. Learned trial Judge also reached to a finding that prosecution failed to establish charge under Section 8 read with 7 of POCSO Act and that it further failed to show that accused was knowing deceased to be belonging to the Scheduled Caste and he thereby committed above offence. The cumulative effect of above findings was recording of acquittal.

The above judgment is questioned by State by way of instant appeal.

SUBMISSIONS

On Behalf of Appellant State :

4. According to the learned APP, judgment under challenge is patently illegal. According to her, deceased was shown to be a minor. There is evidence in the form of PW7 Sanjay Jadhav (Head Master), who had produced documents regarding minority of the victim. Thus, according to learned APP, there was cogent and reliable evidence regarding age of the victim. It is further pointed out that caste certificate of victim was also gathered during investigation, which substantiated that she belongs to member of Scheduled Caste. That deceased victim had given statement about accused luring her and taking her to various places and committed forcible sexual intercourse with her. Being a minor, it is pointed out that provisions under Section 8 of the POCSO Act were clearly attracted. That she has stated about accused pouring kerosene on her person and igniting her and causing her burn injury. She has succumbed to burns i.e. due to “septicemia due to dermo-epidermal thermal burns”. Therefore, even the offence of homicide was proved by examining PW6 Dr. Santosh Bhosale (Autopsy Doctor). According to learned APP, all crucial aspects and circumstances required for recording guilt for above charges were very much available, but learned tr