BHIKU TUKARAM JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is found guilty by the trial court of the offence of rape punishable u/s.376(2)(f) of IPC and is sentenced to suffer R.I. for ten years and to pay a fine of Rs. 5000/-, in default, to suffer further R.I. for six months.

(2.) The appellant had sexual intercourse repeatedly with his own daughter Vanita, who is the complainant in the present case. The offence was committed at two places i.e. Bhogavali and Village Kaswand in District Satara. At the time of recording of evidence of the victim/complainant, she was staying at Mahila Sudhar Griha, Pune.

(3.) It is a case of prosecution that the complainant was educated upto the 3 rd Standard. She left school as the appellant was not permitting her to attend school for further education. She was about 9 years old when she left education. She was staying at village Bhogavali with the appellant, her mother and second wife of the appellant. The complainant used to sleep with the appellant while they were staying at Bhogavali. It appears that while they used to sleep together, they used to be physically very close to each other and taking advantage of that situation, the appellant started sexually abusing his own daughter. He started indulging into sexual intercourse with her. It is alleged that on first occasion, there was bleeding from vagina of the complainant. She however did not report the matter to her mother or second wife of the appellant. As such, the abuse continued and the appellant had been indulging in sexual intercourse with the complainant at frequent intervals. In the result, after a few months, the victim conceived and it had become difficult for her to conceal this fact from her mother. She, therefore, disclosed to her mother that she had been sexually abused by her own father. She did not earlier disclose to her mother due to the threats extended by her father that in the event she discloses the misdeeds of the appellant to her mother, the complainant would be killed by some poisonous substance. It appears that ultimately it is the third wife of the appellant who had taken the complainant to her house at Sangli where the complainant stayed for two months. Thereafter, she had brought the complainant to Mumbai. After a few days, she was taken to village Kaswand. Thereafter, she was again taken to Borivali. The step mother of the complainant i.e. third wife of the appellant had kept the complainant at the house of one lady known to her. It appears that the complainant was kept at Borivali so that the villagers did not come to know that the complainant was pregnant. It appears that gradually that lady won confidence of the complainant and suggested her to file a complaint at police station. The complainant, therefore, came to village Kaswand and went to Panchgani with Police Patil. She narrated the incident to Police. The offence was registered vide CR No.30/2006 at Panchgani Police Station against the appellant.