JUDGEMENT
ANUJA PRABHUDESSAI,J. -
(1.)This is an appeal under Sec. 374 of Cr.P.C. challenging the judgment and order dtd. 30/03/2020 in Special POCSO Case No.107 of 2016, Pune.
(2.)By the impugned judgment, the learned Special Judge, POCSO, Pune has held the Appellant (hereinafter referred to as the accused) guilty of offence punishable under Sec. 376 IPC and under Sec. 3 punishable under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). He has been sentenced to undergo rigorous imprisonment for 7 years with fine of Rs.10,000.00 i.d. rigorous imprisonment for 3 months in respect of offence punishable under Sec. 4 of POCSO Act. No separate sentence has been imposed under Sec. 376 IPC in view of Sec. 42 of the POCSO Act.
(3.)PW1- father of the victim had lodged a missing report alleging that his daughter (PW2) had left the house on 25.5.2014 and that she had not returned. Subsequently, he lodged the First Information Report suspecting that the Accused herein had enticed her to accompany him under the promise of marriage. Pursuant to the FIR lodged by PW1 Crime No. 131 of 2014 was registered against the accused at Range Hill Police Chowki, Khadki.
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