SAMBHAJI UTTAM SURYAVANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Despite a special enactment in form of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") being enacted more than a decade ago, yet one another child barely 3 years, had fallen to prey to a loathsome, disdained and an abhorrent act and this time at the hands of her own biological father.

(2.) The Appellant, the father of a girl child aged two and half years, was charged by the Special Judge (POCSO) and Additional Sessions Judge, Pune in Special (POCSO) Case No.107/2018, for repeatedly committing rape on his own daughter and therefore, liable to be punished under Sec. 376(2)(f)(i)(n) of the Indian Penal Code, 1860 as well as under Sec. 5(l)(m)(n) as well as Sec. 6 of the POCSO Act. He also faced charge under Sec. 323 and 506 of the IPC.

(3.) In support of the case of the prosecution, 5 witnesses were examined, which included the mother of the victim i.e. the wife of the accused Renuka, the informant, one Panch witness Sunil Chavan, Two Medical Officers, PW 3 Dr.Raghav Arora and PW 4 Dr.Yuga Mohan who had examined the victim girl and expressed their opinion upon the alleged sexual assault when she was taken for medical examination in Sasoon Hospital. The Investigating Officer PSI Madhumati Shinde who carried out investigation including recording statement of the informant is examined as PW 5.