IMRAN SHABBIR GAURI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Due to globalization, boundaries of nations have disappeared. During olden days, certain relations were considered as sacrosanct. That is to say relationship in between brother and sister, relationship in between mother and son, relationship in between father and daughter and so on were considered as sacrosanct. However, due to passage of time, these relationships have no more remained sacrosanct and there are various instances of overstepping the sacrosanct relationship by the near relationship.

(2.) One of such instance took place when the present appellant sexually abused his own daughter/victim. Though there are two views that is to say whether the victim was a real daughter or a step daughter. But the fact remains that she is victim (though her name was referred by the trial court, this court has restrained themselves from referring the victim by her name.)

(3.) The Special Judge under the The Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Additional Sessions Judge, Nashik had come across the case wherein there was grievance of such sexual abuse by the father/the present appellant. After the trial ( that is after examining all the witnesses) Trial Court convicted the appellant for the offence of section 376 (2) (i), 506 of IPC and under section 4 of POCSO. By taking re-course to the provision of section 42 of the said Act, separate sentence was not imposed for the offence under section 4 of the said Act. As the appellant had obtained nude photographs of the victim on his mobile handset on various dates, the trial Court convicted him for the offence punishable under section 67-B of The Information Technology Act, 2000. The trial Court acquitted him for the offence punishable under section 323 of IPC. The correctness of the said judgment is challenged on behalf of the appellant.