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crap485.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 485 OF 2015

Bhopu s/o. Maroti Rathod

..

Appellant

Age. 26 years, Occ. Labour

[original

R/o. Dhawalkewadi, Tq. Gangakhed,

accused]

Dist. Parbhani.

Versus

The State of Maharashtra

..

Respondent

Through Police Station Gangakhed,

Tq. Gangakhed, Dist. Parbhani.

Mr.J.M. Murkute, Advocate for the appellant.

Mr.K.B. Jadhavar, APP for the respondent/State.

CORAM

:

S.M.GAVHANE,J.

RESERVED ON

:

17.10.2018

PRONOUNCED ON :

29.10.2018

J U D G M E N T :-

1.

By this appeal, the appellant/accused challenges

the judgment and order dated 08.06.2015 passed by the

Additional Sessions Judge, Gangakhed in Special Case

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crap485.15

(POCSO) No.13 of 2014 thereby convicting him for the

offences punishable under sections 363, 366, 376 (2) (i)

of the Indian Penal Code [for short “the IPC”]. The

appellant/accused is sentenced to undergo rigorous

imprisonment for ten years and to pay a fine of

Rs.5,000/- [Rupees Five Thousand], in default of payment

of fine to undergo rigorous imprisonment for six months

for the offence punishable under section 376 (2) (i) of

the IPC. He is sentenced to undergo rigorous imprisonment

for three years and to pay a fine of Rs.2,000/- [Rupees

Two Thousand], in default of payment of fine to undergo

rigorous imprisonment for one months for the offence

punishable under section 363 of the IPC. He is sentenced

to undergo rigorous imprisonment for five years and to

pay a fine of Rs.3,000/- [Rupees Three Thousand], in

default of payment of fine to undergo rigorous

imprisonment for three months for the offence punishable

under section 366 of the IPC. No separate sentence is

recorded against the appellant/accused for the offence

punishable under section 4 of the Protection of Children

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crap485.15

from Sexual Offences Act, 2012 [for short “the POCSO

Act”] as the sentence prescribed for the offence

punishable under section 376(2)(i) of the IPC is greater.

All the substantive sentences were ordered to run

concurrently. The accused is given set off under section

428 of the Code of Criminal Procedure [for short “CrPC”]

of the period undergone by him as under-trial prisoner.

Out of fine amount, if recovered, an amount of Rs.5,000/-

is ordered to be paid to complainant – Kamalbai w/o.

Sitaram Rathod, by way of compensation under section

357(1) of CrPC, after the appeal period is over. It

appears that the accused has deposited the fine amount.

2.

The facts leading to the institution of the

present appeal, in short, are as under :-

a]

Complainant–Kamalbai

w/o.

Sitaram

Rathod [PW-1] is resident of Dhawalkewadi, Tq.

Gangakhed, Dist. Parbhani. At the relevant time

of the incident, she was residing with her

daughter – the victim girl – Priyanka d/o.

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Sitaram Rathod [PW-5] and her son Moreshwar.

The victim girl was aged 15 years. On

23.04.2014 at about 05=00 pm while the

complainant was at her house, her daughter – the

victim girl had gone to the neighbour's house.

Thereafter, she did not come back. Therefore,

on the same day the complainant lodged a missing

report of the victim girl [Exh.32] in the Police

Station, Gangakhed. Thereupon, the police

started to search the victim girl.

b]

Thereupon, on 28.05.2014 the police

informed the complainant that the victim girl is

found. Then, the complainant went to the police

station. On her asking, her daughter – the

victim girl told her that the accused enticed

her and had taken her to Pune by bus and at

Alandi married with her by garlanding her. At

that time, there were only the victim girl and

the accused. Thereafter, the victim girl was

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taken to Bodhan, Dist. Nijama