DNYANBA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal challenge is to the judgment and order dtd. 28/12/2017, passed by the learned Additional Sessions Judge, Washim in Special Child Case No.72/2016, whereby the learned Judge has convicted the appellant for the offence punishable under Sec. 376[2][f], [n] of the Indian Penal Code and for the offence punishable under Sec. 5 read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POSCO Act'), and sentenced him to suffer imprisonment for life and to pay fine of Rs.10,000.00, in default of payment of fine, he is ordered to suffer rigorous imprisonment for 6 months. No separate sentence is awarded under Sec. 6 of the POSCO Act.

(2.) The facts leading to the appeal are as follows. The name of victim is masked to conceal her identity. The victim is the informant. The appellant is the father of the victim. It is the case of the prosecution that on the date of commission of offence, the victim was below 18 years of age. The victim used to reside with the appellant, her mother and other siblings at village Belkhed, Taluq Risod, District Washim. The family is doing labour work, which is the source of their livelihood. In the month of December, 2015 mother of the victim by name Jyoti had gone to the house of her maternal uncle at Mumbai for medical treatment. She was in Mumbai for 15 days. In the absence of mother, the victim, the appellant and her grand-mother used to reside together at village Belkhed. It is further case of prosecution that one night, the appellant, while the victim was sleeping inside the room, came in the said room from the courtyard, where he was sleeping with his mother. The appellant removed the clothes on the person of the victim. The victim requested the accused not to indulge in the illegal act. The victim told the accused that she would complain about the same to her mother. Appellant told her not to disclose anything to her mother. The appellant pressed her breast and committed sexual intercourse with her. The victim on account of threat of appellant did not disclose the incident to any body.

(3.) In the course of time her M.C. stopped. Jyoti, mother of the victim took her to the hospital of Dr. Shelke Madam at Washim. On examination, the doctor informed that the victim had conceived. The mother of the victim, therefore, took her to women's hospital at Akola for treatment and admitted her there on 22/6/2016. The father established sexual relations with the victim and the victim conceived. On the date of her admission at Women's Hospital at Akola on 22/6/2016, the victim was carrying pregnancy of 5-6 months. This fact was revealed during the course of examination by the doctor. The Medical Officer conveyed the information to Ramdaspeth Police Station, Akola. On receipt of the information, P.W.No.12 P.S.I. Anita Ingle went to the Lady Harding Hospital, at Akola. She recorded statement of the victim girl.