JAGANNATH PANDURANG WAGHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged judgment and order dtd. 25/5/2017 passed by the Court of Additional Sessions Judge, Mangaon, District Raigad (hereinafter referred to as the Trial Court) in Special POCSO Case No.1 of 2016, whereby the appellant has been found guilty of having committed rape of his own minor daughter. He was convicted for offence under Sec. 376(2)(f) and (i) of the Indian Penal Code, 1860 (IPC) and sentenced to suffer imprisonment for life, which shall be imprisonment for the remainder of natural life along with fine of 1,000 ? and in default of payment of fine, to suffer simple imprisonment for 15 days. The appellant was also convicted for offence under Sec. 5(j)(ii) and (l) read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of ? 1,000/-, in default of which to suffer simple imprisonment for 15 days. The substantive sentences of imprisonment were directed to run concurrently.

(2.) The prosecution case in brief is that the appellant being an agricultural labourer, was living with his wife, minor daughter and minor son in small house, having one room and an attached kitchen. It is the case of the prosecution that the appellant indulged in sexual assault on his own minor daughter during the night time, while sleeping adjacent to her. The acts of sexual assault were repeated at least 4 to 5 times on various dates, which eventually led to the minor daughter becoming pregnant.

(3.) The minor daughter (victim) was stated to have intimated her mother (PW2) about such sexual assault by the appellant and she had said to the victim that she would be discussing the matter with the appellant. In any case, when the victim missed her monthly period, her mother PW2 took her to a doctor (PW3), who carried out urine test and confirmed the fact that the victim was pregnant. Thereupon, the victim was referred to another doctor. i.e. PW4, who was a general surgeon. He confirmed that the pregnancy was about 11 weeks and in the circumstances, referred her to Cama Hospital at Mumbai (the said hospital).