Judgment:

1. By the judgment and order dated 14^th September 2022 passed in Special (POCSO) Case No.562 of 2020, the appellant is convicted for the offences punishable under Sections 376(2)(f)(n) and 506 of the Indian Penal Code, 1860 (for short “the IPC”) and Section 6 of the Protection of Children Against Sexual Offences, 2012 ( for short “the POCSO Act”) and sentenced to suffer rigorous imprisonment for 20 years and 2 years with fine of Rs.25,000/- and 5000/- respectively. Being aggrieved by the said judgment, the present appeal.

2. It is the case of the prosecution that on 7^th October 2020, the victim at the time of lodging of the report was about 18 years of age, she claimed that in April 2019, she took admission in a tutorial at Vashi for 12^th Standard Account subject. The accused used to teach accounts. She claims herself to be a bright student and stood first in the class. This fact was appreciated by the accused and the accused used to throw ice- cream party as and when she received first rank in the examination. It is further claimed by the victim that in October 2019, accused told her that he has prepared special notes of accounts subject, which are meant only for her and that he would give the same to her at his house at Koparkhairne. When the victim told accused that she is required to attend mathematics classes at 6.00 p.m, he told her that he would drop her at the said place. She, therefore, went along with the accused in his vehicle to his house. He took her to Room No.603 on the 6^th Floor of the said building. The victim claims that he caught hold of her hand and hugged her. She shouted and resisted to the advances made by the accused. He further forcibly established sexual/physical relations with her and told her not to disclose the incident to anyone. He also told her that he would give good education to her. Thereafter, she was dropped by the accused to her mathematics class. She did not inform about the said incident to anyone out of fear of defamation. In February 2020, she went to the tutorials to attend the test of Accounts’ subject. The accused then asked her to accompany him to his residence and told her that he has made a video which he would like to show her. On her refusal, he threatened to make the video viral. She then went to the house of the accused in his car. The accused established forcible physical relations with her and told her that he would make the video viral, if she talks about the incident to anyone. According to the victim, after February 2020, her classes came to an end and, therefore, she stopped going to the class. In June 2020, the accused called her and asked her to message him and call him, otherwise if she does not do as told, the accused threatened her that he will make the video viral. The accused started asking her to come to his house to meet him. Due to such threats, she was under immense pressure. Since the harassment of the accused intensified, on 6^th October 2020, she confided with her mother about the incident, who in turn, told the same to the father of the victim. As the parents gave courage to her, she lodged report against the accused. The crime was registered by C.R. No.221 of 2020 with Koparkhairne Police Station. The investigation was carried out in the said crime. The victim was sent for medical examination. Her statement was recorded under Sections 161 and 164 of the Cr.P.C.. The statements of the witnesses were recorded, panchanamas were drawn of the spot as well as seizure of incriminating articles. On conclusion of investigation, charge-sheet came to be filed before the competent Court.

3. The charge was framed against the accused vide Exhibit-15. He abjured the charge. The prosecution examined five witnesses to prove the guilt of the accused which included victim PW1 (Exhibit-26), her father-PW2 (Exhibit-37), Medical Officer – Dr. Anuja Bhobe (Exhibit-44), student of class (Exhibit-44) and Investigating Officer-PI- SutarPW5(Exhibit-51). Apart from the oral e