Consent obtained under a false promise of marriage from a minor is invalid, establishing the accused's guilt under relevant sexual assault laws.

JUDGMENT :

1. The appellant (accused) has preferred this appeal against judgment and order dated 19.9.2022 passed by learned Special Judge (under POCSO Act), Bhandara (learned Judge of the trial court) in Special Criminal Case No.40/2019.

2. By the said judgment impugned, learned Judge of the trial court convicted the accused under Section 376(2)(h) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay fine Rs.2000/-, in default, to undergo rigorous imprisonment for two months.

The accused is further convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and sentenced to undergo rigorous imprisonment for ten years and to pay fine Rs.2000/-, in default, to undergo rigorous imprisonment for two months.

3. Brief facts of the prosecution case, emerged from police papers and recorded evidence, are as under:

On 11.5.2019, the victim girl, aged about 16 years lodged a report at Bhandara Police Station alleging that in the year 2016, she left school and was working in “Komal Fruit Centre” owned by one Komal Desai. Her duty hours were 7:00 am to 12:00 am and 2:00 pm to 7:00 pm. The accused was also running fruit shop and used to visit “Komal Fruit Centre” for purchasing stock. Therefore, she got acquaintance with him. In June 2017, he asked for her mobile number, but she has not shared her mobile number. On his repeated asking, she shared her mobile number and he started calling her. This fact came to notice of her mother and, therefore, her mother took her mobile phone. On 7.10.2018, at about 12:00 in the mid night, she along with other girls was returning home. At the relevant time, she was restrained by the accused and forcefully asked her for sexual favour. He forcefully took her along with him and on her resistance, he told her that he will perform marriage with her. On the promise of marriage, he took her along with him in one house and subjected her for forceful sexual assault. Thereafter, on multiple occasions, she was subjected for sexual assault by the accused.

4. Due to multiple sexual assaults, she has not received her menses and, therefore, she approached the accused and disclosed her apprehension, but the accused has not paid any heed towards it and subjected her for forceful sexual assault. Thereafter, he provided her some pills. Though she consumed said pills, she revealed to be pregnant. Thereafter, she insisted the accused to perform marriage with her, but he denied to perform the marriage. Thus, she alleged that by giving a false promise of marriage, he subjected her for sexual assault and thereby committed an offence. On the basis of the said report, the police have registered the crime against the accused.

5. After registration of the crime, wheels of investigation started rotating. During investigation, the victim was sent for medical examination. During her medical examination, it revealed that she is pregnant of five months. The medical officer referred her for Sonography. The Sonography report is also obtained. She has shown spot of the incident. Accordingly, spot panchanamas are drawn. The birth certificate of the victim is obtained to ascertain her age. Her blood samples as well as blood samples of the accused are collected for DNA Examination. Subsequently, she delivered a baby child. The blood samples of the said newly born child are also obtained. All the samples are forwarded for DNA Examination. On analysis of the DNA Samples, it revealed that she and the accused are biological parents of the child delivered by the victim. After completion of the investigation, chargesheet is submitted against the accused.

6. Learned Judge of the trial court framed charge vide Exh.11. In support of the charge, the prosecution examined as many as 19 witnesses, as follows: