JAIKUMAR KAILAS GEDAM Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by original accused challenging his conviction and sentence, as recorded by the judgment and order dated 13.1.2014, in Sessions Case No. 179 of 2012, by the Sessions Judge, Pune, for the offences punishable under Sections 376(2)(f) and 377 of Indian Penal Code for committing rape on his own daughter and further having unnatural carnal intercourse with her. He has been sentenced to suffer imprisonment for life and to pay fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six months on the first count; and to suffer rigorous imprisonment for five years and to pay fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six month on the second count. By the impugned judgment the appellant is further convicted for the offence punishable under Section 377 of Indian Penal Code, for committing carnal intercourse with his own son and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six months.

(2.) The facts of this case are pretty disturbing and most unfortunate. The prosecutrix in this case is a minor daughter of appellant, who was 10 years of age and studying in fifth standard at the time of incident. As her mother has expired, since about 6 months prior to incident, she was residing with her cousin aunt Bharti Tai, the sister of P.W.2 Shailaja. Her brother P.W. 5 Kishor aged 12 years was also staying with Bharti Tai. On Sunday, their father the appellant herein, used to come there to meet them. On the day of incident, the appellant came to meet prosecutrix and then took prosecutrix with him on the pretext of purchasing footwear for her. He took her near Mrutyunjay temple. From there he took her to one bridge of the culvert. There, he committed forcible sexual intercourse with her, after removing her underwear and his clothes. Then he also had carnal intercourse with her by inserting his penis in her anus. When she shouted, her father pressed her mouth. After the incident, she was again dropped in the house of Bharati Tai.

(3.) On the next day, at the time of giving bath to her, Bharati Tai noticed some injures on the person of prosecutrix. P.W.2 Shailaja, then made enquiry with prosecutrix about said injuries. Prosecutrix disclosed the incident to her. Therefore, P.W.2 Shailaja took the prosecutrix to Kothrud police Station. There, her complaint came to be recorded vide Exh.24. On the said complaint C.R. No. 547 of 2011 was registered. The statement of prosecutrix was then recorded in question and answer form by Lady Police Inspector Mr. Deepali Jadhav. The statement of P.W.5 Kishor, the brother of prosecutrix also came to be recorded by PI Deepali Jadhav. From his statement, it was transpired that the appellant had subjected him also to carnal intercourse. Hence appellant was arrested on the same day on both these charges and investigation was set in motion.