DAYANAND MALIKARJUN KHANDARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who is the father of the victim-girl, has filed this appeal against the judgment and order of his conviction and sentence dtd. 17/8/2022, passed by the learned Special Judge, Special Court (POCSO), Chandrapur. The learned Special Judge convicted the appellant of the offences punishable under Sec. 4(2) of the Protection of Children from Sexual Offences Act, 2012 r/w Ss. 376(2)(f) and 376(3) of the Indian Penal Code, 1860 (for short, "IPC") and under Sec. 506 of the IPC and sentenced him to suffer rigorous imprisonment for 20 years and to pay a fine of Rs.6,000.00 and in default to suffer rigorous imprisonment for one year for the offences punishable under Sec. 4(2) of the POCSO Act r/w Ss. 376(2)(f) and 376(3) of the IPC and rigorous imprisonment for six months and to pay a fine of Rs.500.00 and in default to suffer rigorous imprisonment for one month for the offence punishable under Sec. 506 of the IPC.

(2.) The case of the prosecution is as follows:

(3.) On the next day, i.e., 7/9/2019, the informant along with her brother came to Shengaon. They went to the house of Hakkani. The victim and her sister were at the house of Hakkani. The informant made an enquiry with the victim. The victim narrated the entire incident of rape on her by the appellant. Thereafter, they met their relatives. On 9/9/2019, the informant along with her brother and victim went to Jivti Police Station and lodged the oral report. Her report was reduced into writing, and on the basis of the report, a crime bearing No.72/2019 was registered against the appellant.