SHRIHARI @ HARI MAHADEO BAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction passed by learned Special Judge (Protection of Children from Sexual Offences), Wardha in Special (Ch.) No.80/2016, thereby convicting the appellant for offence punishable under Sec. 376(2)(f)(i) of the Indian Penal Code (for short, 'IPC') and sentencing him to suffer imprisonment for remainder of his natural life and to pay a fine of Rs.5000.00 with a default sentence of two months.

(2.) Prosecution case in short is that, in the year 2016 the victim was studying in 8th. Standard. Her parents were residing separately. Accused is her father, who brought her and her brother from the custody of mother, before 4/5 days of the incident. On 30/6/2016 at 9.30 pm, she slept with her brother on cot and accused-father was sleeping on mattress on the floor beside the cot. In the midnight, accused woke her up. She saw that her brother was not there on cot and he was sleeping on the mattress. Accused was calling her on the floor but she did not go to him. Then accused came on the cot near her. He then went to the washroom and came back and slept near the victim. He removed her slacks, nicker and lifted her frock up. Accused then removed his nickers and towel wrapped by him around his waist. He took coconut oil in his hand and applied it to his penis and also to the private part of the victim. He then pulled victim near him and inserted his penis in the private part of the victim. Because of the same, victim had inflammation in her private part, she kicked the accused. Accused started slapping her on cheek. Victim tried to raise shouts but accused gagged her mouth with his hands and threatened her not to shout. Because of the pain victim started crying. After some time accused left her and went to sleep on the mattress. Due to pain victim could not sleep for the whole night. Victim did not disclose the incident to anybody. On 1/7/2016, after the accused left at 10.00 am, victim wrote the incident on the page of her note book and asked her teacher for help. Due to the incident victim could not go to school on the next day and she remained at home. On 2/7/2016, she went to the school. Lohakare madam asked her the cause for her absence on previous day, but she did not disclose anything. After the school was over, she gave the chit written by her to Lohakare madam. When madam read the chit, she got frightened and showed it to her colleagues. Then all the teachers went to the house of Pradip Timande and called Sarpanch Padmakar Shambharkar. All of them read the contents of the chit and as it was serious in nature, they decided to lodge police complaint. Lohakare madam, Burande Sir, Sarpanch and others went to Police Station Sewagram. Lohakare madam lodged report. Pursuant to lodging of the First Information Report (FIR), investigation was conducted and chargesheet was filed. Charge was framed against the accused for offence punishable under Sec. 376(2)(f)(i) of IPC and Sec. 6 of the Protection of Children from Sexual Offences Act (for short, 'POCSO'). In support of the prosecution case, 11 witnesses were examined. Defence of the accused was of total denial. He claimed false implication in the crime. Learned trial Judge convicted the accused as stated above. Hence, the appeal.

(3.) Heard learned Advocate for appellant and learned APP for State. Perused the record.