BHAU VALVE Vs. STATE

JUDGEMENT

(1.) This is an appeal preferred by the accused for taking an exception to the Judgment and Order dated 26th September, 2008, by which the appellant has been convicted for the offence of incest and grave sexual assault on his own daughter. The offences are punishable under section 8(2) of the Goa Children's Act, 2003 hereinafter referred to as the said Act). The appellant has been sentenced to suffer life imprisonment. He has been directed to pay a fine of Rs. 1,00,000/- or in default, he has been directed to undergo Rigorous Imprisonment for three years.

(2.) The First Information Report was registered at Maina Curtorim Police Station on 5th August, 2007. The allegation against the appellant is that for a period of 5 years till 5th August, 2007, at his residence at Maddel, Curtorim he committed the offence of grave sexual assault and rape on his minor daughter the victim aged 17 years. The said victim gave birth to a baby girl. The allegation is that the appellant committed an offence of grave sexual assault in terms of Section 2(y)(i) and punishable under Section 8(2) of the Goa Children's Act 2003 (hereinafter, referred to as "the said Act"), read with Section 376 of the Indian Penal Code, 1860 (hereinafter, referred to as "the Penal Code").

(3.) The prosecution examined 6 witnesses. P.W.-1 is the victim of the offence. P.W.-2 is one Miss Vincy Fernandes who is the first informant. P.W.-3 is one Savlo Naik who is the pancha witness to the scene of offence panchanama. P.W.-4 Dr. Madhu Ghodbrekar, is a Medical Officer. P.W.-5 is a Police Officer who recorded some statements and P.W.-6 is the Investing Officer.