SAMJI S/O ISARYA GAVIT Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION, NAWAPUR, TQ NAWAPUR, DIST NANDURBAR

JUDGEMENT

(1.) The appellant preferred this appeal against his conviction recorded by the Sessions Judge in Sessions Case No. 16 of 2015 for the offence punishable under section 376(2) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 1000/, in default to suffer simple imprisonment for three months. He is also convicted for the offence punishable under section 313 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 500/, in default to suffer simple imprisonment for two months. He is also convicted for the offence punishable under section 5(j) (ii) (l) and (n) read with section 6 of the Protection of Children from Sexual offences Act, 2012 and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 1000/, in default to suffer simple imprisonment for three months. The sentences imposed shall run concurrently.

(2.) Heard Mr. Deshpande, learned counsel for appellant and Mr. Gujrathi, learned APP for the respondent/State.

(3.) Brief facts of the case may be stated as follows : P.W. 1 prosecutrix is the daughter of the appellant/accused. She resided with appellant/accused and other family members at village Amlan Tq. Navapur, District Nandurbar, prior to 20.02014. It is alleged by the prosecutrix that when she was taking education in 7th standard, the appellant/accused committed rape on her from time to time and due to which she remained pregnant. Then the appellant/accused forcibly administered rudimentary medicines and due to which there was abortion. The appellant/accused threatened the prosecutrix that she should not disclose the said fact to anybody. Getting rid of the situation and the circumstances lastly prosecutrix left the house of the accused/appellant on 20.02014 and had taken shelter of her maternal aunt P.W. 3 namely Mina Diwanji Gavit. When the prosecutrix was residing with P.W. 3 Mina she disclosed the incident in detail to P.W. 3 Mina.