RAMESH TUKARAM VAVEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order of conviction and sentence rendered by the Special Judge, Greater Bombay under the Protection of Children from Sexual Offences Act, 2012, (for short 'POCSO Act ') in POCSO Special Case No.8 of 2016 dtd. 26/9/2018 by which, the appellant has been convicted and sentenced as under;

(2.) Complainant - PW 1 (for short PW 1), is a widow residing with her 3 daughters and one son at Santacruz (West) Mumbai-400 054. Her eldest daughter was married about 2 years before the incident. She was cohabiting with her husband at Khar. Her second daughter who was aged about 19 years and victim herein who was 17 years were residing with their mother. The victim was in 10th standard studying at a High School in Bandra (West), Mumbai.

(3.) PW 1 was a housemaid who used to leave her home at 11.00 a.m. everyday and used to return in the evening. Two months prior to the incident, she noticed that whenever the victim used to be at home, she always used to sleep. PW 1 had noticed the change in her behaviour and therefore, she asked her elder daughter to talk to her. At that time they realized that the victim was pregnant. The victim was, therefore, taken to the hospital of one Dr.Hikimani on 15/9/2015 at his clinic in Khar. After examination, the doctor confirmed that the victim was pregnant and advised sonography. Victim was taken to the clinic of one Dr.Subodh Mehta on 16/9/2015. Result of sonography test revealed that she was in her 8th month of pregnancy and date of delivery was 11/10/2015. Complainant and the victim alongwith her sister returned home and alongwith son-in-law of the complainant enquired with the victim as to whether she has had any love affair and who was responsible for her pregnancy. However, the victim did not divulge anything. She even did not tell the name of the person who had impregnated her.