GANPATI SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Judgment and order dtd. 30/11/2022 passed by the learned Additional Sessions Judge, Omerga in Special Case No.18 of 2021 convicting appellant for offence under Ss. 376, 323, 504, 506 and under Ss. 4, 6, 8, 12 of the Protection of Children from Sexual Offences (POCSO) Act, is taken exception to by the convict by filing instant appeal.

(2.) Victim, aged 15 years, studying in 9th Standard, lodged report on 29/4/2021 at Murum Police Station, Tq.Omerga, alleging that in the night of 28/4/2021 her father, under influence of liquor, called her in the room, threatening to kill her by use of axe, disrobed her and forced himself on her. She immediately rushed out and reached her uncle's place and there she informed her grandparents and on the next day, she and her uncle went to Police Station and lodged report, on the strength of which, crime bearing no.93 of 2021 was registered. Investigation was carried out by PW9 Kawade, who after completion of investigation, chargesheeted accused and was tried before Additional Sessions Judge, Omerga and finally held guilty by judgment and order dtd. 30/11/2022 holding appellant guilty for above offences, hence the appeal.

(3.) Learned Counsel for the appellant pointed out that there is false implication. That testimony of victim does not inspire confidence. That because of strained relations with mother, victim has been made to lodge false FIR and even tutored to depose falsely. According to learned Counsel for the appellant, even age of victim has not been conclusively proved. That even medical evidence is not conclusive about rape as Doctor himself admitted that he is not sure about the opinion. It is pointed out that, according to the complainant, only she and her brother were in the house, however, her brother was not examined and only evidence of victim has been adduced. Therefore, learned trial Court ought not to have accepted the sole testimony of victim and in absence of medical evidence, further ought not to have been recorded guilt. That there is improper appreciation of evidence and law and hence, she seeks indulgence at the hands of this Court by allowing the appeal. On behalf of State :