CHANDRASHEKHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mrs. Paul, learned Counsel appointed under the Legal Aid Scheme to appear on behalf of the appellant, and Mr. Thakre learned APP for the respondent.

(2.) This appeal is directed against the judgment and order dated 27/07/2018 passed by the designated Judge POCSO Act and Additional Sessions Judge-2, Nagpur in Special Case Child Prot. No.156/2016 convicting the appellant for offenses punishable under Sec. 376 (2)(f),(i) and (n) of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentencing the appellant to suffer rigorous imprisonment for life and to pay a fine of Rs. 60,000.00 and in default to undergo rigorous imprisonment for six months.

(3.) The case of the prosecution is that the appellant raped his minor stepdaughter then aged 14 years as a result of which she was pregnant and delivered a female child. The forensic/medical evidence established that the appellant and his minor daughter were the biological parents of this child. Based on all this, the charge was framed against the appellant which he denied. The prosecution examined in all 11 witnesses. The appellant was questioned under Sec. 313 of the Code of Criminal Procedure (Cr.P.C.). He denied the charge and even submitted a written statement suggesting that the victim had been to her maternal uncle's place and the possibility of some other person being the father of the newly born child cannot be ruled out. Despite the opportunity, the appellant did not lead any defense evidence. Ultimately, learned designated Court by the impugned judgment and order has convicted and sentenced the appellant as aforesaid. Hence, the present appeal.