IMPORTANT POINT
The judgment reinforces the legal principle that the exploitation of a position of trust, particularly by a teacher towards a minor, constitutes a serious offense under both the IPC and the POCSO Act, warranting stringent penalties.

JUDGMENT/ORDER

ABHAY S.WAGHWASE, J. - Both the above proceedings are directed against one judgment and order dtd. 14/10/2015 passed by learned Additional Sessions Judge, Bhoom in Special Case (Child Sex) No. 06 of 2014, thereby convicting the appellant accused for offence punishable under Ss. 363 of the Indian Penal Code (IPC) and sentencing him to suffer R.I. for three years and to pay fine of Rs.5,000.00 i/d R.I. for six months, under Sec. 366-A of IPC to suffer R.I. for five years and to pay fine of Rs.5,000.00 i/d R.I. for six months, under Sec. 376 of IPC to suffer R.I. for ten years and to pay fine of Rs.20,000.00 i/d R.I. for one year, under Ss. 6 and 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) to suffer R.I. for ten years and to pay fine of Rs.20,000.00 i/d R.I. for one year. As both the proceedings are heard and dealt together, they are decided by way of common judgment.

2. Before adverting to the merits of the case, it is necessary to clarify that Criminal Appeal No. 852 of 2015 is at the instance of appellant/convict questioning the legality and sustainability of above referred judgment of conviction passed by learned Special Judge, whereas Criminal Appeal No. 914 of 2015 is at the instance of State, which is not satisfied with the quantum of sentence awarded to the accused and is thereby praying enhancement of sentence to imprisonment for life. In such backdrop, we proceed to deal with the above proceedings.

BRIEF ACCOUNT OF THE PROSECUTION CASE

3. State launched prosecution on the basis of the report given by PW2 father of victim, who informed police that his victim daughter was student of 7th standard in Zilla Parishad School. According to him, he, his daughter and other family members took dinner and went to sleep on 31/5/2014. On 1/6/2014 he woke up at 5.30 a.m. At that time, his daughter was not found in the house. That, in spite of search in the village, she was not found. Father claims that he received a phone call from accused, who was teacher of his daughter in the school, informing that he had travelled long distance along with informant's daughter and that they would return to village after three to four days. Therefore, father approached police station and lodged report.

4. On receipt of the same, police machinery registered crime bearing no. 72 of 2014 for the offence punishable under Sec. 363 of IPC. The investigating machinery carried out investigation, during which statements of all relevant witnesses were recorded. The victim girl and the accused were searched and traced at Trimbakeshwar, Nasik. Both of them were subjected to physical examination. Medical examination revealed that victim had been sexually assaulted and therefore crime to that extent was added. For ascertainment of age of victim girl, the Investigating Officer gathered necessary documents from school. Seizure was caused and the same was sent for analysis and on receipt of its report, the same was made part of investigation papers. After completing investigation, accused came to be chargesheeted.

5. On committal of the case, learned Special Judge, Bhoom conducted trial and after appreciating oral and documentary evidence adduced by both the parties, reached to the conclusion that accused had committed offence for which he was charged and thereby sentenced him as stated in aforesaid para.

SUBMISSIONS ON BEHALF OF APPELLANT/CONVICT

6. Learned Advocate for the appellant would point out that the girl was not kidnapped and was not ravished as put forth by prosecution. He has pointed out that infact there was a quarrel between parents and the girl, who was his student, and as she had disclosed it to accused that she did not want to stay in the house and rather intended to commit suicide, accused gave her solace and took her with him as he had already planned to go out. Thus, it is submitted that there was no kidnapping as alleged and rather girl had come on her own.

7. It is next submitted that there is no full-proo