DILIP BHAIYYASINGH TEKAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Amravati in Sessions Trial No.155 of 2013 dated 31.10.2014 thereby convicting the appellant for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act) and sentencing him to suffer imprisonment for life and to pay fine of Rs.2,000/- and in default of payment of fine to suffer rigorous imprisonment for one year and also convicting him for the offence punishable under Section 4 of the POSCO Act and Section 376 of the Indian Penal Code, the appellant has approached this Court.

(2.) The prosecution story as could be gathered from the material placed on record is thus:-

(3.) It is the prosecution case that in the month of January, 2013, Sangita had been to Amla, district Baitul in the State of Madhya Pradesh since her mother was ailing. At that time, the prosecutrix and her brother Raj continued to stay at home along with their step father. It is the prosecution case that during that period on one of the nights, after having meals, the prosecutrix and her younger brother slept on the bed in the hall and her step father slept on the bed on the floor. It is further the prosecution case that between 11 p.m. and 12 midnight, her step father dragged her down. He made her to sleep down and pressed her mouth. She could not even raise any shouts. He gave her threats that if she would raise shout, he would kill her. He removed her paijama and knicker, so also his clothes and committed sexual intercourse with her. It is also the prosecution case that even on the next day during night hours, the accused repeated the said act. It is the prosecution case that the accused had threatened her with dire consequences and, therefore, even after her mother's arrival, she did not disclose the incident to her.