SHRAVAN @ VALIBA LAHANU GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dtd. 23/07/2021 passed by the learned Additional Sessions Judge Niphad in Session Case No.43 of 2019. The Appellant was convicted for commission of offence punishable under Ss. 376(2)(f) and 376(2) (n) of the Indian Penal Code (IPC) and under Sec. 5(j)(ii) read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

(2.) Heard Mr. Sushil Inamdar, learned Counsel for the Appellant, Ms. Mahalakshmi Ganapathy, learned A.P.P. for the Respondent No.1 and Ms. Sandhya Mailagir, learned Counsel for the Respondent No.2.

(3.) The prosecution case in brief is that, the Appellant was the step-father of the victim in this case. The victim was around 16 years of age at the time of offence. The period of offence was between Diwali 2018 to 31/01/2019. It is the case of the prosecution that on a few occasions, the Appellant took the victim to an agricultural field and committed rape on her. The victim being a minor step-daughter of the Appellant could not inform about the offence to anyone. Her mother took her to the Doctor, who had examined her and opined that she was pregnant. An F.I.R. was lodged with the help of neighbour against the Appellant. The investigation was carried out. The victim underwent the procedure for medical termination of the pregnancy. The blood samples of feotus and the victim was taken and preserved. The Appellant was arrested on 16/02/2019. When the blood samples were taken, the samples were sent for DNA testing. The DNA Report shows that, the Appellant was the biological father of the product of conception. During investigation, the statements of various witnesses were recorded. The spot panchanama and other panchanamas were recorded and at the conclusion of the investigation, the chargesheet was filed. The case was tried before the Court of Session. It resulted from the investigation in C.R. No. 32 of 2019 registered at Saykheda Police Station, District Nashik.