AMOL @ RATAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the Judgment and order dtd. 07/09/2017 passed by the learned Additional Sessions Judge, Akola, whereby the learned Additional Sessions Judge convicted the appellant for the offence punishable under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (For short, "POCSO Act") and under Sec. 376 (2) (f) of the Indian Penal Code (For short, "IPC") and sentenced the appellant to undergo imprisonment for life and to pay fine of Rs.10,000.00 (Rs. Ten Thousand) and in default of fine, to suffer simple imprisonment for 3 months. No separate sentence was awarded under Sec. 376 (2)(f) of the IPC in view of the mandate of Sec. 42 of the POSCO Act.

(2.) In order hide identity of the victim, her name is masked. She would be referred to as victim in the Judgment. The victim lodged a report on 16/04/2016 at MIDC Police Station, Akola. The victim is sister of wife of the accused. It is the case of the prosecution that on the date of commission of offence, the victim was 17 years old. The accused with his wife was residing at village Shivar. The accused brought the victim her mother and other siblings of the victim to his house. They continued to reside at the house of the accused. It is alleged that one day the mother of the victim had gone out of the house for work. The accused sent his wife Diksha out of the house on some pretext. The accused thereafter, threatened the victim and had sexual intercourse with her. The accused extended threat to the victim that if she disclosed the incident to anyone, she would be killed. The accused, thereafter, repeatedly sexually ravished the victim. In the meantime, they shifted their residence in the tenanted premises belonging to Mr. Wankhede.

(3.) On 15/04/2016, the victim was not keeping good health. The mother of the victim took her to the nearest hospital. On examination by the Medical Officer, the Medical Officer told the mother of the victim that the victim was 5 months' pregnant. The victim disclosed to her mother that the accused repeatedly committed sexual intercourse with her. It was stated that the accused sexually exploited the victim and therefore, the victim was conceived.