MOHD ZAKIR HABIB KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant by this Appeal challenges the judgment rendered by the Special Court for the Protection of Children from Sexual Ofences Act, 2012, Greater Bombay (hereinafter referred to as 'the Special Court' for short) convicting the appellant for the ofences punishable under Sections 354 and 376d of the Indian Penal Code, 1860 ('IPC' for short) and Section 6 of the Protection of Children from Sexual Ofences Act, 2012 ('POCSO Act' for short). The appellant is sentenced to sufer R.I. for fve years and to pay a fne of Rs.5,000/-, in default of payment of fne, he is further sentenced to sufer R.I. for one week in respect of the ofence punishable under Section 354 of the IPC. The appellant is sentenced to sufer imprisonment for life and to pay a fne of Rs.50,000/-, in default of payment of fne, he is sentenced to sufer further R.I. for one year in respect of the ofence punishable under Section 376 of the IPC. The appellant is sentenced to sufer imprisonment for life and to pay a fne of Rs.50,000/-, in default of payment of fne, he is sentenced to sufer R.I. for one year in respect of the ofence punishable under Section 6 of the POCSO Act.

(2.) The prosecution case in brief is that the victim was subjected to sexual abuse by her father - the appellant - original accused since she was six years of age. This abuse continued till she was 14 years of age. Even thereafter the appellant tried to sexually abuse the victim but she resisted. The victim started residing separately in a rented room since the year 2013. Even in this room the father tried to sexually abuse the victim but the victim resisted and did not allow her father to have his way. She informed about the sexual advances made by her father on 13/2/2013 to Ruksar Ovez Batatewala (PW-3). She then narrated the entire ordeal faced by her since childhood to PW-3. The complaint came to be fled on 14/2/2013. The statement of the victim was recorded frstly on 14/2/2013 and then on 20/2/2013 at Exhibit 25 by SEO Smt. Tara Soppian (PW-8). She was medically examined by Dr. Baban Shripati Shinde (PW-5) on 14/2/2013. Shekhar Prabhakar Tawde (PW-7), IO carried out the investigation and recorded the statements of the witnesses. Upon completion of investigation, PW-7 then fled the chargesheet before the Special Court.

(3.) The charge was framed by the Special Court under Section 354, 376 of the IPC and Section 6 of the POCSO Act at Exhibit 2 on 9/7/2013. The appellant pleaded not guilty and claimed to be tried. The prosecution examined eight witnesses before the Special Court. The victim is examined as PW-1. The defence of the appellant / accused is of total denial. In the statement made under Section 313 of the Code of Criminal Procedure ('Cr.P.C.' for short) the appellant took up a defence of false implication at the instance of PW-3. According to the appellant, he was falsely implicated by PW-3 as he had an objection to victim marrying PW-3's brother Rahul.